RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01881
INDEX CODE: A67.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded to
Honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was told his discharge could be upgraded automatically after six
months.
In support of his request, the applicant provides a copy of his DD
Form 214, Certificate of Release or Discharge from Active Duty.
The applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s military records indicate he enlisted in the Regular Air
Force on 17 Sep 81 as an airman basic (E-1) for a period of four years
and was progressively promoted to the grade of airman first class (E-
3) effective with a date of rank of 17 Sep 82.
On 18 Jul 84, the applicant was notified by his commander of his
intent to recommend his involuntary discharge from the Air Force for a
pattern of discreditable involvement with military and civilian
authorities in accordance with AFR 39-10, paragraph 5-47a. The
specific reasons for the action were:
a. He did, on 24 Feb 83, receive an Article 15 and lost his
driving privileges for operating a privately owned conveyance (POV) on
base while intoxicated.
b. He did, on 7 Jul 83, receive an Article 15 for wrongful use
of Tetrahydrocannabinol (THC).
c. He did, on 4 Jun 84, receive a Letter of Reprimand for being
apprehended by civil authorities for driving under the influence.
On 18 Jul 84, after consulting with legal counsel, the applicant
acknowledged receipt of the letter of notification and elected to
submit statements in his behalf.
On 19 Jul 84, the case was found to be legally sufficient and the
discharge authority approved the commander’s recommendation on 23 Jul
84, ordering the applicant’s involuntary discharge.
On 25 Jul 84, the applicant was furnished a General (Under Honorable
Conditions) discharge and was credited with 2 years, 10 months, and 9
days of active service.
Pursuant to the Board’s request, the Federal Bureau of investigation
(FBI) provided a copy of an Investigative Report, which is at Exhibit
C.
A copy of the FBI Report of Investigation and a request for post-
service information was forwarded to applicant on 13 Aug 09 for
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 an 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 applicant’s General (Under Honorable Conditions)
discharge for a pattern of discreditable involvement with military or
civil authorities was consistent with the substantive requirements of
the discharge regulation and within the commander’s discretionary
authority. He has provided no evidence which would lead us to believe
the characterization of his service was improper or contrary to the
provisions of the governing directive. 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. In view of the foregoing, and in the absence of
evidence to the contrary, we conclude that no basis exists to upgrade
the applicant’s general discharge.
_________________________________________________________________
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-
2009-01881 in Executive Session on 28 Oct 09, under the provisions of
AFI 36-2603:
Mr. Gregory A. Parker, Panel Chair
Mr. James L. Sommer, Member
Ms. Shari Cohen, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Jun 09.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, 13 Aug 09, w/atch.
GREGORY A. PARKER
Panel Chair
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