RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02084
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His character of discharge be changed from general (under
honorable conditions) to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge is preventing him from obtaining gainful
employment.
In support of his request, the applicant provides a copy of DD
Form 293, Application for the Review of Discharge from the Armed
Forces of the United States.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 February 1979, the applicant enlisted in the Regular Air
Force.
On 14 March 1979, he was notified by his commander that he was
recommending his discharge from the Air Force for erroneous
enlistment. The specific reason for this action was he withheld
knowledge of prior military service in the U.S. Navy, for which
he received a general discharge on 5 July 1978. On 14 March
1979, the applicant acknowledged receipt of the discharge
notification.
On 19 March 1979, the judge advocates office reviewed the case
and determined it was legally sufficient and recommended a
general discharge certificate be furnished.
On 20 March 1979, the discharge authority approved a general
(under honorable conditions) discharge for erroneous enlistment.
On 23 March 1979, the applicant was discharged in the grade of
airman basic with service characterized as general (under
honorable conditions). He served 1 month and 23 days on active
duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states based on the
documentation filed in his master personnel records, the
discharge, to include the characterization of service, was
consistent with the procedural and substantive requirements of
the discharge regulation and within the discretion of the
discharge authority. The applicant had less than 180 days active
service this period and did not receive an entry level separation
because the special court-martial authority approved a general
discharge. DPSOS states the applicant was previously discharged
from the U.S. Navy on 5 July 1978 after serving one year and nine
days of active service. The applicants record also shows the
applicant was charged with lost time. DPSOS found no evidence of
an error or injustice during the discharge processing.
The complete DPSOS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 7 January 2011 for review and comment within 30 days. As of
this date, there has been no response received by this office
(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 an error or an injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and the
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion the
applicant has failed to sustain his burden of proof of the
existence of an error or injustice. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend granting
the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of an 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 this application in
Executive Session on 3 February 2011, under the provisions of AFI
36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Jun 10, w/atch.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 5 Nov 10.
Exhibit E. Letter, SAF/MRBR, dated 7 Jan 11.
Panel Chair
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