RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-03888
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was young, immature and his attitude caused his trouble. He has matured
and returned to school and is raising his child.
In support of his request, the applicant submits two character reference
letters and a certificate of completion.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 12 Jun 81. On 9 Jul 82,
his commander notified him that he was recommending his separation from the
Air Force under the provisions of AFM 39-12, Separation for Unsuitability,
Misconduct, Personal Abuse of Drugs; Resignation or Request for Discharge
for the Good of the Service; and Procedures for the Rehabilitation Program,
Chapter 2, para 2-4c for “Apathy, Defective Attitude, or Inability to
Expend Effort Constructively.”
His reasons were that between 20 Jan 82 and 25 Jun 82, the applicant
received nine (9) Letters of Counseling (LOCs) for being late for duty; one
(1) LOC for being absent from his duty section for an excessive amount of
time; one (1) Letter of Reprimand (LOR) for being late for duty; one (1)
Memo for Record for being late for duty; and he received Article 15 action
for failure to go to his appointed place of duty. For this offense he was
reduced in grade (suspended) and ordered into correctional custody for 30
days.
The Assistant and Staff Judge Advocate found the case legally sufficient.
On 18 Aug 82, the discharge authority approved the recommended discharge.
On 25 Aug 82, he was discharged with a general (under honorable conditions)
character of service and issued a general discharge certificate. He served
1 year, 2 months and 14 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 22
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 manual, 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 AFBCMR BC-2009-03888 in
Executive Session on 26 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 14 Oct 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 22 Dec 09.
Panel Chair
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