RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00797
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 16 AUGUST 2008
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He provided 12 years and 9 months of military service. He requested a
homeowner’s tax credit. He was advised by his city tax office that in
order to qualify for this credit, he must have an honorable discharge.
In support of his application, the applicant submits a copy of his DD 214.
The applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant’s discharge case file is not a matter of record. The
following information was extracted from the remaining documentation in the
applicant’s military personnel records.
The applicant received Article 15 action for the following offenses and on
the dates indicated:
Failure to go, 27 Sep 84, (Reduced to grade of Sgt (suspended))
Failure to go, 30 Apr 85(Reduced to grade of Sergeant)
Dereliction of duty, 15 Apr 86 (Reduced to grade of airman first
class and forfeiture of $412.00 for one month)
A resume of his Airman Performance Reports (APRs) follows:
Closeout Date Overall Evaluation
12 Sep 74 5
14 Apr 75 9
15 Sep 75 9
15 Sep 76 9
28 Feb 77 9
28 Feb 78 9
8 Dec 79 9
8 Dec 80 8
29 Nov 81 9
20 Nov 82 9
2 Jul 83 9
2 Jul 84 9
*2 Jul 85 8
*Referral report.
On 27 May 86, the applicant was issued a general (under honorable
conditions) discharge for misconduct and a pattern of minor disciplinary
infractions. He served 12 years, 11 months and 8 days on active duty.
In response to the Board’s request, the FBI indicated they were unable to
identify with an arrest record pertaining to the applicant on the basis of
information furnished(Exhibit C).
________________________________________________________________
AIR FORCE EVALUATION:
None. The applicant has not shown the characterization of his discharge
was contrary to the provisions of AFR 39-10, Minor Disciplinary
Infractions, (attached as Exhibit D). Nor has he shown the nature of the
discharge was unduly harsh or disproportionate to the offenses committed.
Notwithstanding the absence of error or injustice, the Board has the
prerogative to grant relief on the basis of clemency if so inclined.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 20 Apr 07, the applicant was invited to submit information pertaining to
his post-service activities. To date, we have not received a response to
our request (Exhibit E).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing 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. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After careful consideration of the
available evidence, we find no impropriety in the characterization of
applicant’s discharge. It appears that responsible officials applied
appropriate standards in effecting the separation, and we do not find
persuasive evidence that pertinent regulations were violated or that the
applicant was not afforded all the rights to which entitled at the time of
discharge. We conclude, therefore, that the discharge proceedings were
proper and characterization of the discharge was appropriate to the
existing circumstances. We would like to point out that the applicant has
not provided documentation pertaining to his post service activities. In
view of the contents of the FBI Identification Record, we are not persuaded
that the characterization of the applicant’s discharge warrants an upgrade
to general on the basis of clemency; thus, we find no basis to warrant
favorable action on this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of material error or injustice; that the application was
denied without a personal appearance; and that the application will only be
reconsidered upon the submission of newly discovered relevant evidence not
considered with this application.
________________________________________________________________
The following members of the Board considered this application in Executive
Session on 28 June 2007, under the provisions of AFI 36-2603:
Ms. B. J. White-Olson, Panel Chair
Ms. Mary C. Puckett, Member
Ms. Renee M. Collier, Member
The following documentary evidence was considered in AFBCMR BC-2007-00797:
Exhibit A. DD Form 149, dated 10 Mar 07, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Extract, AFM 39-10.
Exhibit E. Letter, AFBCMR, dated 20 Apr 07.
B. J. WHITE-OLSON
Panel Chair
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To date, no response to this request has been received. We took notice of the applicant's complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in the discharge processing. Exhibit D. Letter, AFBCMR, dated 10 Jul 09.
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