RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01834
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Since his discharge from the service he has attained respectable
positions with the airlines in aircraft parts support (ground
support), a sole-proprietorship fine art career consisting of
much community involvement, and a formal culinary education
resulting in his current position with the distinguished Ritz-
Carlton Resort. He desires to enlist in the Florida Air National
Guard.
In support of his request, the applicant provides a DD Form 293, Application for the Review of Discharge from the Armed Forces of
the United States and post-service documentation.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 7 July 1982.
On 12 November 1986, 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 13 June 1984, the applicant operated a motor
vehicle while intoxicated.
b. On or about 2 March 1985, the applicant failed to obey a
lawful order of a commissioned officer. He received nonjudicial
punishment under Article 15.
c. Between on or about 11 March 1985 and 28 January 1986,
the applicant failed to obey an order of a superior
noncommissioned officer, failed to report for duty, was derelict
in the performance of his duties and disrespectful towards a
superior noncommissioned officer. He received three (3) Records
of Individual Counseling.
d. On or about 5 and 6 October 1986, the applicant was
derelict in his duties and he failed to go to his appointed place
of duty. He received nonjudicial punishment under Article 15.
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 not to submit statements 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
24 November 1986, the discharge authority concurred with the
recommendations and directed a general discharge. The applicant
was discharged on 25 November 1986. He served 4 years, 4 months
and 19 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 19 November 2010, a copy of the FBI Report of Investigation
and a request for information pertaining to his post-service
activities was forwarded to the applicant for review and response
within 30 days (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
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-2010-01834 in Executive Session on 19 January 2011,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-01834 was considered:
Exhibit A. DD Form 149, dated 17 May 2010, w/atchs.
Exhibit B. Applicants Master Personnel Record.
Exhibit C. Federal Bureau of Investigation Report.
Exhibit D. Letter, AFBCMR, dated 19 November 2010.
Panel Chair
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