RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02128
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He was a young man away from home and not really able to adapt
at the time. He has changed and grown into a responsible man,
has been a good citizen, graduated from college, and believes
since he has turned his life around his discharge should be
upgraded to honorable.
In support of his appeal, the applicant provides a personal
statement and a copy of his DD Form 214, Certificate of Release
or Discharge from Active Duty, issued in conjunction with his
24 Nov 89 discharge.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Regular Air Force on
7 Dec 83 and was progressively promoted to the grade of sergeant
(Sgt/E-4).
During his second enlistment of 1 Apr 88, the squadron commander
initiated administrative discharge action against the applicant
for misconduct, specifically, minor disciplinary infractions.
The underlying basis for this action was a series of
disciplinary infractions committed by the applicant.
Specifically, for the acts of misconduct, he received an
Article 15 for failing to perform assigned duties, and vacation
of suspended punishment for driving while drunk; three Letters
of Reprimand (LORs) for operating a vehicle while drunk, failing
to sign a check at the base exchange and failing dormitory
inspection, and three Letters of Counseling (LOCs) for failure
to return to duty on two occasions, dereliction of duty, and
failure to obey a lawful order.
After consulting with counsel and having been advised of his
rights, he submitted a conditional waiver of his right to have
his case heard before an administrative discharge board upon
receipt of a general discharge. The wing staff judge advocate
recommended a general discharge, without probation and
rehabilitation (P&R). The discharge authority approved the
general discharge without P&R.
The applicant was discharged under the provisions of AFR 39-10,
on 24 Nov 89, in the grade of airman first class. With a reason
for separation of misconduct pattern of minor disciplinary
infractions, with service characterized as general (under
honorable conditions). He was credited with 1 year, 7 months,
and 24 days of active duty service, including 4 years, 3 months,
and 24 days of prior active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, provided an
investigative report which is attached at Exhibit C.
On 31 Jan 11, a copy of the FBI report was forwarded to the
applicant for comment. At that time, he was also invited to
provide additional evidence pertaining to his activities since
leaving the service (Exhibit D). However, as of this date, no
response has been received by this office.
________________________________________________________________
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. Considering the
applicants 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-2010-02128 in Executive Session on 15 March 2011,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 May 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, AFBCMR, dated 31 Jan 11, w/atchs.
Panel Chair
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