RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02057
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His under honorable conditions (general) discharge be
upgraded to an honorable discharge.
2. His narrative reason for separation be changed.
3. His separation program designator (SPD) code of JKQ
(Misconduct) be changed.
4. His reenlistment (RE) code of 2B (Separated with a general or
under other than honorable conditions (UOTHC) discharge) be
changed to allow him to reenter military service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was forced out of the military over an incident that was
resolved by another authority. He unintentionally disposed of a
package and withheld the information from his office until
questioned by the Office of Special Investigation (OSI).
He had no history of any disciplinary actions prior to this
incident. He believes the disciplinary action was harsh since he
was a young airman in training.
His general discharge disqualifies him for federal employment.
He wants his discharge upgraded to allow him to serve his country
again. He would like to reenlist before he becomes ineligible
due to age.
In support of his appeal, applicant provides a copy of his DD
Form 214, Certificate of Release or Discharge from Active Duty,
two personal statements, and character and employment references.
Applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 15 Nov 91, the applicant contracted his enlistment in the
Regular Air Force. He was progressively promoted to the grade of
airman, having assumed the grade effective and with a date of
rank of 15 May 93. He served as an Information Management
Apprentice.
On 28 Sep 93, the applicants commander notified him that he was
recommending his discharge from the Air Force for misconduct
(commission of a serious offense). The specific reasons for the
discharge action were on 1 May 93, he was convicted by court-
martial for disposing of government property valued at $7,600.00;
and destroying a public record. For this misconduct, his
punishment consisted of hard labor without confinement and
restriction to the base for 60 days.
His commander advised him of his rights in this matter.
The applicant acknowledged receipt of the notification and, after
consulting with legal counsel waived his right to submit a
statement in his own behalf.
The staff judge advocate reviewed the case and found it legally
sufficient to support separation and recommended a general
discharge without probation and rehabilitation.
The discharge authority directed discharge with a general
discharge without probation and rehabilitation.
He was discharged on 19 Nov 93. He served two years and five
days on active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation indicated that on the basis of the data furnished,
they were unable to locate an arrest record.
The applicant in support of his application submitted a revised
resume and personal statement (Exhibit C).
_________________________________________________________________
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, narrative reason for
separation and RE code 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.
_________________________________________________________________
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-2010-02057 in Executive Session on 5 Oct and 7 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 24 May 10, w/atchs.
Exhibit B. Applicant's Master Military Personnel Records.
Exhibit C. Letter, Applicant, dated 19 Sep 10, w/atchs.
Panel Chair
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