RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00910
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has lived an exemplary life since discharge.
At the time of discharge, he was not given the chance to fix what
was wrong. He was 18 years old at the time of enlistment and
knew nothing of the real world. His parents did not use banks,
rather a shoe box under the bed. He is offering this as an
explanation, not as an excuse.
He was obviously well aware of himself and his surroundings, but
was not aware of what it took to be financially sound. He was
counseled but never really helped.
At no time was his ability to perform his duties ever called into
question.
It has been almost 25 years since his discharge. He has raised
three children and has one serving in Iraq and a daughter who
served state-side. He has never been arrested for a felony and
has only had minor traffic infractions. He has been married to
the same woman for 25 years and has raised a sound, fit family.
In support of his request, the applicant provides personal
statements and a certificate of appreciation.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 25 Jun 81 and
served for a period of 4 years, 3 months, and 16 days.
On 3 Sep 85, the applicant was notified of pending discharge
action. Specifically, the commander cited irresponsibility in
the management of personal finances as the basis.
Records indicate the applicant received four Letters of Reprimand
and two Letters of Counseling for numerous instances of
insufficient funds, failure to meet weight management standards,
failure to go, failing to progress in the weight management
program, dereliction of duty, being disrespectful to a
noncommissioned officer, driving without a valid drivers
license, and negligently losing his AF Form 1199, Air Force
Restricted Area Badge, for a second time. Additionally, in April
1984, he was non-recommended for promotion to senior airman.
On 30 Sep 85, the staff judge advocate found the case legally
sufficient, and on 1 Oct 85, the discharge authority directed
discharge. He was discharged on 10 Oct 85 with a general (under
honorable conditions) discharge.
Pursuant to the Boards request, the Federal Bureau of
Investigations (FBI) was unable to identify an arrest record
(Exhibit C).
On 13 Aug 09, a request for post-service information was
forwarded to the applicant (Exhibit D). As of this date, this
office has not received a response.
_________________________________________________________________
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.
4. 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 issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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 Docket Number BC-
2009-00910 in Executive Session on 22 September 2009, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Negative FBI Report.
Exhibit D. Letter, AFBCMR, dated 13 Aug 09, w/atch.
Panel Chair
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