RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00485
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He would like his discharge upgraded to honorable to reflect his current
status as a 23-year veteran. He is currently a production superintendent
of a major security company and is actively working towards his
certification. He has been married over 18 years and has a 14-year old
son. He is an active member of his church and holds a Trustee position on
the Board of Deacons. He is President and founder of a nonprofit youth
baseball organization and mentors to young men between the ages of 12 to
15.
He loves his country and would fight for her today if requested. He would
like his discharge to reflect the man he is today.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 22 Mar 82, the applicant enlisted in the Regular Air Force for a period
of four years. He was progressively promoted to the grade of Senior Airman
effective and with a date of rank of 1 Apr 85.
On 21 Aug 86, his commander notified him of his intent to issue the
applicant a general discharge in accordance with Air Force Regulation 39-
10, paragraph 5-46 for minor disciplinary infractions. His specific
reasons were:
1) On 13 Oct 85, the applicant wrongfully left the scene of an
accident in which he was involved as the driver of a vehicle. For this
offense, he received an Article 15 and 30 days correctional custody
(vacated).
2) On 6 Mar 86, he failed to go to his assigned place of duty. For
this offense, he received a Letter of Reprimand (LOR).
3) On or about 31 May 86, he failed to obey a lawful order by
driving while his driving privileges were revoked. For this offense, he
received an Article 15, was reduced in rank to airman first class, and
ordered to forfeit $50 per month for two months.
The applicant acknowledged notification of his rights, consulted counsel
and submitted statements on his behalf. A review of the case by the Judge
Advocate Counsel office was found legally sufficient. On 23 Sep 86, the
discharge authority approved the applicant’s general (under honorable
conditions) discharge without probation and rehabilitation. He was
discharged on 14 Oct 86 and had served 4 years, 6 months and 23 days on
active duty.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI)
provided a copy of an Investigative Report, which is at Exhibit C. On 16
Mar 09, a copy of the FBI report and a request for post-service information
were forwarded to the applicant for review and comment within 30 days, as
of this date, no response has been received by this office (Exhibit D).
_________________________________________________________________
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. 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. Based on the available evidence of record, it appears the
discharge was consistent with the substantive requirements of the discharge
regulation and within the commander's discretionary authority. The
applicant has provided no evidence which would lead us to believe the
characterization of the service was contrary to the provisions of the
governing regulation, unduly harsh, or disproportionate to the offenses
committed. We considered upgrading the discharge based on clemency;
however, we do not find the evidence presented is sufficient to compel us
to recommend granting the relief sought on that basis. 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 this application in Executive
Session on 27 August 2009, under the provisions of AFI 36-2603:
Ms. Kathy L. Boockholdt, Panel Chair
Ms. Debra M. Czajkowski, Member
Mr. James G. Neighbors, Member
The following documentary evidence was considered for AFBCMR Docket Number
BC-2009-00485:
Exhibit A. DD Form 149, dated 3 Feb 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 16 Mar 09 w/atchs.
KATHY L. BOOCKHOLDT
Panel Chair
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