RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01665
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:
No contentions and no documentation in support of his request.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 13 Jan 81, the applicant enlisted in the Regular Air Force for a period
of four years. He was progressively promoted to the grade of Airman First
Class effective and with a date of rank of 13 Jan 82.
On 12 Mar 84, his commander notified him of his intent to issue the
applicant a general discharge in accordance with Air Force Regulation 39-
10, paragraph 5-47 for misconduct. His specific reasons were that between
Jan 82 and Mar 84, he received:
1) An Article 15 for failure to go. For this offense, he was
ordered to forfeit $100 (suspended) and reduced to the grade of Airman.
2) An Article 15 for communicating a threat. For this offense he
was reduced to the grade of Airman Basic (suspended) and ordered to forfeit
$75.
3) Two Letters of Reprimand (LORs) (one for wrongfully possessing
some quantity of marijuana and one for failing to maintain his dormitory
room within prescribed standards);
4) Seven counseling’s (four for financial irresponsibility, one for
presenting a check to the Base Exchange which was subsequently dishonored,
one for displaying a poor attitude and lack of respect towards superiors,
and one for failing to report to two urinalysis testing’s).
The applicant acknowledged notification of his rights. He waived his right
to counsel and declined to submit a statement on his own behalf. A review
of the case by the Assistant Staff Judge Advocate was found legally
sufficient. On 23 Mar 84, the discharge authority approved the applicant’s
general (under honorable conditions) discharge without probation and
rehabilitation. He was discharged on 26 Mar 84 and had served 3 years, 6
months and 14 days on active duty.
The following is a resume of his Airman Performance Reports (APRs):
Close-out Date Overall Rating
12 Jan 82 8
12 Jan 83 7
13 Nov 83 8
11 Mar 84 5
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 12
Jul 07, a copy of the FBI report was forwarded to the applicant for review
and comment within 30 days, as of this date, no response has been received
by this office.
On 10 Jul 09, a request for post-service information was forwarded to the
applicant for response within 30 days. To date, no response to this
request has been received.
_________________________________________________________________
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 October 2009, under the provisions of AFI 36-2603:
Mrs. Barbara A. Westgate, Panel Chair
Ms. B. J. White-Olson, Member
Mr. Garry G. Sauner, Member
The following documentary evidence was considered in AFBCMR BC-2009-01665:
Exhibit A. DD Form 149, dated 25 May 09.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 10 Jul 09.
BARBARA A. WESTGATE
Panel Chair
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