RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02629
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The applicant makes no contentions.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 24 March 1980.
On 3 October 1985, the applicant was notified by his commander of
his intent to recommend that he be discharged from the Air Force
under the provisions of AFR 39-10, paragraph 5-49c. The specific
reasons are as follows:
The applicant was counseled on numerous occasions for failure to
pay a debt and uttering worthless checks.
Between on or about 2 August 1985 and 26 September 1985, the
applicant received Letters of Reprimand (LORs) for driving under
the influence of alcohol and resisting arrest, failure to report
for duty on time, and a commanders directed urinalysis was
returned as positive.
He was advised of his rights in this matter and acknowledged
receipt of the notification. After consulting with counsel the
applicant submitted a conditional waiver. He requested that he
receive a general discharge.
In a legal review of the case file, the staff judge advocate
found the case legally sufficient and recommended discharge. On
23 November 1985, the discharge authority concurred with the
recommendations and directed discharge with a general (under
honorable conditions) discharge. The applicant was discharged on
4 December 1985. He served 10 years, 6 months and 25 days on
active duty.
Pursuant to the Board's request, the Federal Bureau of
Investigation (FBI), Clarksburg, West Virginia, provided an
arrest record which is at Exhibit C.
On 9 November 2010, a copy of the FBI Report of Investigation and
a request for information pertaining to his post-service
activities was forwarded to the applicant for review and response
within 30 days (Exhibit D). As of this date, this office has
received no 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. 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 the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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-2010-02629 in Executive Session on 3 March 2011, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-02629 was considered:
Exhibit A. DD Form 149, dated 10 July 2010, w/atch.
Exhibit B. Applicants Master Personnel Record.
Exhibit C. Federal Bureau of Investigation Report.
Exhibit D. Letter, AFBCMR, dated 9 November 2010.
Panel Chair
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