RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00839
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He requested separation to pursue completion of his academic
career. The reason for separation of misconduct was contrived.
He had a pretty excellent record until he was stuck in a
warehouse all day stocking shelves.
In support of his appeal, the applicant provides copies of his DD
Form 214, letters of commendation, a letter of recognition, and
an honor graduate recognition letter.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
served as an Apprentice Inventory Management Specialist and was
promoted to the grade of airman first class (E-3) effective
14 March 1986. He received eight Letters of Counseling (LOCs),
one Letter of Reprimand (LOR), and an Article 15 punishment
between 15 July 1986 and 14 December 1987.
On 22 December 1987, the applicant was notified of his
commanders intent to recommend him for a general discharge for
minor disciplinary infractions. The applicant acknowledged
receipt of his commanders intent and waived his right to submit
a statement in his own behalf. On 28 December 1987, the Acting
Staff Judge Advocate found the case to be legally sufficient. On
7 January 1988, the discharge authority approved the recommended
discharge and directed the applicant be discharged with a general
(under honorable conditions) discharge without probation and
rehabilitation.
On 21 January 1988, the applicant was discharged from active duty
with a general (under honorable conditions) discharge, and a
narrative reason for separation of Misconduct-Pattern of Minor
Disciplinary Infractions. He served one year, ten months and
eight days on active duty.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI), Clarksburg, WV, provided a copy of an
Investigation Report (Exhibit C). On 29 April 2010, the
applicant was given an opportunity to submit comments about his
post service activities and the FBI Report (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 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 view of the foregoing and in the
absence of evidence by the applicant attesting to a successful
post-service adjustment in the years since his separation, we are
not inclined to extend clemency in this case. Therefore, in the
absence of evidence to the contrary, we find no basis upon which
to recommend favorable action on this application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
________________________________________________________________
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-2010-00839 in Executive Session on 2 November 2010,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2010-00839:
Exhibit A. DD Form 149, dated 26 Feb 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, SAF/MRBR, dated 29 Apr 10, w/atchs.
Panel Chair
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