RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00865
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He would like his discharge upgraded to be able to be buried in a
military veterans cemetery next to his father.
Applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 25 Feb 82, the applicant contracted his enlistment in the
Regular Air Force. He was promoted to the grade of senior airman
with date of rank of 1 Aug 84.
On 3 Oct 84, the applicants commander notified him that he was
recommending his discharge from the Air Force for minor
disciplinary infractions. The specific reasons for the discharge
action were:
a. On 22 Dec 82, the applicant received counseling for
reporting late for duty.
b. On 7 Jan 83, the applicant received a Letter of
Reprimand (LOR) for driving while intoxicated.
c. On 23 Nov 83, the applicant received counseling on
improving his driving techniques.
d. On 19 Dec 83, he was counseled for addressing a fellow
airman in a derogatory manner.
e. On 9 Feb 84, he received an LOR for making a derogatory
remark in reference to another military member.
f. On 23 May 84, he received an LOR for sleeping on duty.
g. On 20 Sep 82, he received an LOR for abusing his spouse
and damaging his rental quarters.
The applicant acknowledged receipt of the notification letter
and, after consulting with legal counsel waived his right to
submit a statement in his own behalf.
His commander advised him of his rights in this matter. On
5 Oct 84, a legal review was conducted and the staff judge
advocate found the case legally sufficient to support separation
and recommended a general discharge without probation and
rehabilitation.
The applicant was discharged on 12 Oct 84. He served 2 years,
7 months and 18 days of active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C.
On 14 Sep 10, a copy of the investigative report was forwarded to
the applicant for his review and comment within 30 days, along
with a request for documentation regarding his activities since
leaving military service (Exhibit D). As of this date, no
response has been received by this office.
_________________________________________________________________
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 in this
application.
______________________________________________________________
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-2010-00865 in Executive Session on 14 Oct 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Feb 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 14 Sep 10, w/atch.
Panel Chair
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