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AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
DOCKET NUMBER: 96-03654
COUNSEL: Texas Veterans
Commi s s i on
HEARING DESIRED: Yes
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APPLICANT REQUESTS THAT:
His general discharge be upgraded to honorable; the reason for
his discharge be changed to “convenience of the government;” and,
his reenlistment eligibility (RE) code be changed to RE-1.
APPLICANT CONTENDS THAT: .
Under current standards, he would not have received the type of
discharge he did and the civilian community would have treated
his disability in an entirely different manner. His record of
court-martial conviction indicates only minor and isolated
offenses.
Applicant‘s complete submission is attached at Exhibit A.
He has been a good citizen since his discharge.
STATEMENT OF FACTS:
T
The relevant facts pertaining to this application, extracted from
the applicant‘s military records, are contained in the letter
prepared by the appropriate office of the Air Force.
Accordingly, there is no need to recite these facts in this
Record of Proceedings.
AIR FORCE EVALUATION:
The Chief, Relief & Inquiries Branch, AFLSA/JAJM, reviewed this
application and recommended denial (see Exhibit C).
.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the Air Force evaluation and provided a four-
page statement (see Exhibit E).
m C M R 96-03654
THE BOARD CONCLUDES THAT:
The applicant has exhausted all remedies provided by existing
1.
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3 . The Board majority
finds no impropriety in the
characterization of applicant's discharge. While the applicant
claims that he was suffering from stress-induced insomnia and was
allegedly self-medicating his condition, the majority notes that
this issue was addressed at the court-martial and finds that he
has not provided any reliable medical information to suggest an
issue of lack of mental responsibility or capacity existed at
trial or during the commission of offenses. In addition, while
the
applicant refers to the Army's "Impaired Health-Care
Provider Program, 'I and believes that under current standards, he
would not have received the discharge that he did, the majority
notes, and as stated by the Air Force, had the applicant
committed the offenses in 1997, he still would have been court-
martialed. In view of the seriousness of the offenses committed,
the fact that this program exists today does not entitle him to
the relief he is seeking. Therefore, a majority of the Board
concludes that the court-martial and resulting punishment were
proper and find no evidence to recommend the relief requested.
4. The majority of the Board also finds insufficient evidence to
warrant a recommendation that the discharge be upgraded on the
basis of clemency. We commend applicant on his post-service
accomplishments and apparent rehabilitation, however, based on
the egregiousness of the offenses committed, the Board majority
finds no compelling basis upon which to conclude that further
clemency is warranted at this time. In this respect, we note
that applicant's court-martial sentence included dismissal from
the Air Force, however, the Secretary of the Air Force afforded
applicant a large measure of clemency by upgrading the dismissal
to a general discharge. In view of the foregoing, the Board
majority cannot recommend a further upgrade based on the current
evidence of record.
5. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
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THE BOARD DETERMINES THAT:
A majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.
AFBCMR 96-03654
The following members of the Board considered this application in
Executive Session on 14 July 1998, under the provisions of Air
Force Instruction 36-2603:
Ms. Patricia J. Zarodkiewicz, Panel Chair
Mr. Loren S . Perlstein, Member
Mr. Dana J. Gilmour, Member
Mrs . Joyce Earley, Examiner (without vote)
By a majority vote, the Board recommended denial of the
application. Mr. Perlstein abstained from voting. The following
documentary evidence was considered:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Dec 96, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLSA/JAJM, dated 1 Apr 97.
Exhibit D. Letter, AFBCMR, dated 21 A p r 97.
Exhibit E. Letter fr applicant, undated.
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Panel Chair 'w
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