RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01535
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He believes the punishment was too severe based on his
situation. He was under the influence of alcohol when he
entered the female latrine, but did not come in contact with
anyone. He served his country honorably and having an under
honorable conditions character of service is looked upon harshly
when applying for jobs. In addition, he is still being punished
for a senseless act that was committed many years ago.
The applicant provides no supporting documentation.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 5 Jan 82 and
was progressively promoted to the grade of sergeant (Sgt/E-4).
The squadron commander initiated administrative discharge action
against the applicant for misconduct, specifically, a pattern of
misconduct. The underlying basis for this action was a series
of disciplinary infractions committed by the applicant,
specifically, for the acts of misconduct:
a. He received an Article 15 for operating a passenger
vehicle while drunk. For this misconduct, he was fined $100.00.
b. He received a letter of counseling (LOC) for signing
forms stating that work had been done, when in fact, it had not
been done.
c. He exhibited disorderly conduct, for this misconduct he
received an Article 15. His punishment consisted of a suspended
reduction in grade to A1C and a fine of $424.00.
d. He received an Article 15 for signing an official
record, with intent to deceive, stating that he drove a private
automobile from the base to New York City and from New York City
to Oakland CA. His punishment consisted of a reduction in grade
to A1C, effective 24 Sep 86.
After consulting with counsel and having been advised of his
rights, the applicant exercised his right to an administrative
discharge board (ADB). The ADB determined the applicant should
be separated with a general discharge, with Probation and
Rehabilitation (P&R). The wing staff judge advocate recommended
a general discharge, without P&R. The discharge authority
approved the general discharge without P&R.
The applicant was discharged under the provisions of AFR 39-10,
on 8 Dec 86, by reason of misconduct pattern discreditable
involvement with military or civil authorities, with service
characterized as general (under honorable conditions). He was
credited with 6 years, 11 months, and 4 days of active duty
service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI), Clarksburg, West Virginia, provided an
investigative report which is attached at Exhibit C.
In his response to the FBI report, the applicant indicates that
they have the wrong person and provided an employment resume
noting his accomplishments since leaving military service.
In support of his response, the applicant provides a personal
statement; a copy of his DD Form 214, and an employment resume.
The applicants complete response, with attachments, is at
Exhibit E.
________________________________________________________________
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 during the discharge process. 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 also find
insufficient evidence to warrant a recommendation that the
discharge be upgraded on the basis of clemency. We have
considered the available evidence of record; however,
considering his overall record of service, the FBI Report of
Investigation, and the lack of post service information since
his discharge, we are not persuaded that an upgrade of the
characterization of his discharge is warranted. 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 material 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-2010-01535 in Executive Session on 3 March 2011, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Apr 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, AFBCMR, dated 31 Jan 11, w/atchs.
Exhibit E. Letter, Applicant, dated 24 Feb 11, w/atchs.
Panel Chair
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