RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00933
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was a good airman for four years. He was convicted by a
special-court-martial for driving while intoxicated (DWI), a one-
time mistake in the final month of his enlistment.
In support of his request, the applicant provides a copy of his
DD Form 293, Application for the Review of Discharge from the
Armed Forces of the United States and a personal letter.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 18 August 1986
and was progressively promoted to the grade of airman first
class.
On 5 March 1990, the applicant was notified by his commander that
he was recommending he be discharged from the Air Force under the
provisions of AFR 39-10, Administrative Separation of Airmen, for
a pattern of misconduct and discreditable involvement with
military authorities. The specific reasons for this action were:
1) He received three Article 15 actions for wrongfully using
provoking gestures and failure to go at the time prescribed to
his appointed place of duty; 2) He was court-martial for DWI.
The applicant acknowledged receipt of the notification of
discharge and received advice from a military defense attorney.
The Staff Judge Advocate found the case file legally sufficient
to support the separation and recommended the applicants request
for discharge be approved and that he receive a general
discharge. On 22 March 1990, the discharge authority determined
that a general discharge was appropriate in light of the
applicants overall military record.
On 3 April 1990, the applicant was discharged with a general
discharge after completing three years, five months and one day
of total active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI), Clarksburg, WV, provided a copy of an
Investigation Report (Exhibit C).
On 1 June 2010, the FBI investigation and a request for post-
service information were forwarded to the applicant for response
within 30 days. As of this date, no response has been received
by this office (Exhibit D).
Examiner's Note: At the time of the applicants discharge, the
service characterization received was appropriate under the
provisions of the governing regulation in effect at the time.
Attached at Exhibit E, is an excerpt from AFI 36-3208, Administrative Separation of Airmen, which shows the current
criteria for determining the characterization of service under
similar circumstances. Additionally, notwithstanding the absence
of error or injustice, the Board has the prerogative to grant
relief on the basis of clemency if so inclined.
_________________________________________________________________
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 Report, we are not persuaded that an
upgrade of the characterization of his discharge to honorable is
warranted on the basis of clemency. Therefore, based on a
preponderance of the evidence, we find no basis upon which to
favorably consider his request.
_________________________________________________________________
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 Docket Number
BC-2010-00933 in Executive Session on 7 July 2010, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Mar 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigation Report, dated 16 Apr 10.
Exhibit D. Letter, AFBCMR, dated 1 Jun 10, w/atchs.
Panel Chair
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