RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00737
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was immature, very impulsive and had little concern for the
consequences of his actions while he served in the Air Force. He
has changed his ways since his discharge and transformed his life.
In support of his application, the applicant provides a letter of
recommendation.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 27 Feb 86, for
a period of four years.
On 27 May 87, he was notified of his commander's intent to
recommend him for a general discharge for Misconduct Pattern of
Minor Disciplinary Infractions.
The commander stated the following reasons for the proposed
discharge:
a. Letter of Reprimand (LOR), on 23 Jun 86, for
unacceptable conduct, when he told a racially oriented joke.
b. Letter of Counseling, on 18 Oct 86, for unacceptable
conduct when he used inappropriate language toward members in the
barracks.
c. Article 15, on 1 Oct 86, for stealing at the Scott Air
Force Base Exchange.
d. LOR, on 6 May 87, for illegally using a base taxi.
He was advised of his rights in this matter. He consulted with
counsel and elected to exercise his right to a hearing before an
administrative discharge board and submitted statements in his own
behalf.
The discharge case was reviewed by the base legal office and found
to be legally sufficient to support discharge and it was
recommended he be discharged with a general (under honorable
conditions) discharge.
The discharge authority approved the separation and directed the
applicant be discharged with a general (under honorable
conditions) discharge. He was given a general discharge
characterization, and an RE Code of 2B, Separated with a General
or UOTHC Discharge, which bars immediate reenlistment. He served
a total of 1 year, 3 months, and 22 days of active duty service.
Pursuant to the Boards request, the Federal Bureau of
Investigation, Clarksburg, WV, indicated on 3 Apr 09, that, on
the basis of data furnished, they are unable to locate an arrest
record.
On 9 Oct 09, a request for post-service information was forwarded
to the applicant for response within 30 days (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. The Board finds
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
the applicant was not afforded all the rights to which entitled at
the time of discharge. The applicant has not shown the
characterization of the discharge was contrary to the provisions
of the governing regulation, nor has it been shown the nature of
the discharge was unduly harsh or disproportionate to the offenses
committed. We considered upgrading the discharge based on
clemency; however, because of the limited documentation concerning
his activities since leaving the service, we are not inclined to
recommend upgrading his discharge based on clemency at this time.
Therefore, we find no basis upon which to recommend granting the
relief sought.
________________________________________________________________
THE BOARD DETERMINES:
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-2009-00737 in Executive Session on 3 Dec 09, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Feb 09, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 9 Oct 09.
Panel Chair
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