RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00750
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He needs his discharge upgraded in order to receive GI Bill benefits.
In support of his request, he provides a copy of a letter from the Department of Veterans Affairs (DVA) office.
His complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 25 March 1998 and served for a period of 2 years, 6 months and 4 days.
On 18 September 2000, the applicant was recommended for discharge by his commander for failure to report for duty; he received two Article 15s, letters of reprimand, and a letter of admonishment, for each occurrence.
On 20 September 2000, the Staff Judge Advocate (SJA) found the discharge recommendation legally sufficient and concurred with the commander's recommendation for discharge for a pattern of misconduct. On the same date, the discharge authority directed his discharge with service characterization as general (under other than honorable conditions).
On 25 June 2002, the applicant requested the Air Force Discharge Review Board (AFDBR) upgrade his discharge to honorable. On 19 December 2002, the AFDBR denied his request stating the applicants discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority. The applicant was provided full administrative due process.
Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, West Virginia, was unable to identify an arrest record on the basis of information furnished.
_________________________________________________________________
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 probable error or injustice. We took notice of the applicants 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. Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commanders discretionary authority. The applicant has provided no evidence which would lead us to believe the characterization of his service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought.
_________________________________________________________________
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 AFBCMR Docket Number BC-2009-00750 in Executive Session on 20 May 2009, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered for Docket Number BC-2009-00750:
Exhibit A. DD Form 149, dated 18 February 2009, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
3
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
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