RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-03619
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:
He served in OPERATIONS Desert Storm and Desert Shield. He would like his
discharge upgraded so that he will be eligible to enlist in the Reserve or
Guard. He has not been able to hold his head up high and feels his general
discharge is a great disappointment to him and his family. He would gladly
serve his country again.
The applicant did not submit any supporting documentation.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 17 Apr 87.
On 21 Oct 93, his commander notified him that he was recommending his
separation from the Air Force under the provisions of AFR 39-10,
Administrative Separation of Airman, paragraph 5-46, for Misconduct-Minor
Disciplinary Infractions. His reasons were as follows:
Between 20 Dec 91 and 6 Aug 93, the applicant received nine Letters of
Counseling and two Letters of Reprimand.
The Staff Judge Advocate found the case legally sufficient. On 23 Nov 93,
the discharge authority approved the recommended discharge. On 14 Dec 93,
he was discharged with a general (under honorable conditions) character of
service. He served 6 years 7 months and 28 days on active duty.
In response to the Board’s request, the FBI indicated they were unable to
identify an arrest record pertaining to the applicant on the basis of
information furnished.
_________________________________________________________________
APPLICANT’S RESPONSE TO POST-SERVICE REQUEST:
He was not financially ready for marriage. His wife was unemployed. His
bill payments were late and he unintentionally bounced several checks. His
financial irresponsibility led to his discharge.
He has learned how to be financially responsible. Since his return to the
United States in 2003, he has lived off the monies he saved while working
in Japan. He has enrolled to begin college in Sep and would like to become
a Registered Nurse (RN).
The applicant’s complete submission, with attachments, is at Exhibit E.
_________________________________________________________________
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 AFBCMR BC-2009-03619 in
Executive Session on 18 Aug 10, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Feb 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 13 Jul 10.
Exhibit D. Letter, Applicant, dated
Panel Chair
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