RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01300
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He desires his discharge upgraded.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicantÂ’s complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 19 November
1985.
On 17 July 1987, the applicant was notified by his commander of
his intent to recommend that he be discharged from the Air Force
under the provisions of AFR 39-10, paragraph 5-47b. The specific
reasons are as follows:
a. On or about 1 November 1986, the applicant was derelict
in the performance of his duties in that he negligently failed to
comply with an order revoking his base driving privileges. For
this incident, he received nonjudicial punishment under Article
15. His punishment consisted of a reduction in grade, 7 days
correctional custody, and a forfeiture of $100.00 pay.
b. On or about 28 March 1987, the applicant failed to
deregister his vehicle while under revocation. For this
incident, he received nonjudicial punishment under Article 15.
His punishment consisted of a forfeiture of $50.00 pay.
c. On or about 19 February 1987, the applicant damaged
government property (a wall). For this incident, he received a
Letter of Reprimand (LOR).
He was advised of his rights in this matter and acknowledged
receipt of the notification on that same date. After consulting
with counsel, the applicant elected to submit a statement in his
own behalf.
In a legal review of the case file, the staff judge advocate
found the case legally sufficient and recommended discharge. On
28 July 1987, the discharge authority concurred with the
recommendations and directed a general discharge. The applicant
was discharged on 5 August 1987. He served 1 year, 11 months and
15 days on active duty.
Pursuant to the Board's request, the Federal Bureau of
Investigation (FBI), Clarksburg, West Virginia, provided an
arrest record which is at Exhibit C.
On 3 June 2010, a request for post-service information was
forwarded to the applicant for response within 30 days (Exhibit
D). As of this date, no response has been received by this
office.
On 4 June 2010, a copy of the FBI Report of Investigation was
forwarded to the applicant for review and response within 30 days
(Exhibit E). 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
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. 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 the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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-2010-01300 in Executive Session on 2 November 2010,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-01300 was considered:
Exhibit A. DD Form 149, dated 27 March 2010, w/atchs.
Exhibit B. Applicant's Master Personnel Record.
Exhibit C. Federal Bureau of Investigation Report.
Exhibit D. Letter, AFBCMR, dated 3 June 2010.
Exhibit E. Letter, AFBCMR, dated 4 June 2010.
Panel Chair
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