RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-03558
INDEX CODE: 110.00
COUNSEL:
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His prior service record was unblemished. He was experiencing marital
problems and abused alcohol during the time in question.
In support of this request, the applicant submits a copy of a letter from
the Department of Veterans’ Affairs (DVA).
The applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Any honorable periods of military service entitles a veteran to DVA
benefits. The applicant received an honorable character of service on his
DD Form 214, Certificate of Release or Discharge from Active Duty, issued
for the period of 6 Sep 78 through 25 Jul 84.
The applicant’s discharge case file is not included in his records. On 3
May 89, the applicant was discharged with a general character of service
for Misconduct-Pattern Conduct Prejudicial to Good Order and Discipline.
He served nine years, one month and six days on active duty.
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 1
Dec 09, a copy of the FBI report and a request for post-service information
was forwarded to the applicant for review and 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 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. In addition, in view of the contents of the FBI Identification
Record we are not persuaded that the characterization of the applicant’s
discharge warrants an upgrade on the basis of clemency. 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 7 Jul 10, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered in AFBCMR BC-2009-03558:
Exhibit A. DD Form 149, dated 29 Jun 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 1 Dec 09.
Panel Chair
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