RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02169
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The applicant makes no contentions.
In support of his request, the applicant provides copies of his
DD Form 293, Application for the Review of Discharge from the
Armed Forces of the United States; and a letter from SAF/MRBR.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 12 April 1989, the applicant enlisted in the Regular Air
Force.
On 23 May 1991, the applicant was notified by his commander that
he was recommending he be discharged from the Air Force under the
provisions of AFR 39-10, Administration Separation of Airmen, for
unsatisfactory performance. The specific reasons for this action
were: 1) He received two Letters of Reprimand for driving under
the influence and assault on his wife; 2) He received an Article
15 for having an unescorted guest after visiting hours.
The applicant acknowledged receipt of the notification of
discharge, received advice from a military defense attorney and
submitted a statement on his behalf. On 31 May 1991, the staff
judge advocate reviewed the entire case file, found no
irregularities and determined the case was legally sufficient for
the applicant to be discharged.
On 4 June 1991, the discharge authority directed the applicant be
discharged and furnished a general (under honorable conditions)
discharge certificate.
On 5 June 1991, the applicant was discharged with a general
discharge after completing a period of 2 years, 1 month and
24 days total active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C. On 19 January 2011, a copy of the FBI
report and a request for post-service were forwarded to the
applicant for review and comment within 30 days, as of this date,
no response has been received by this office (Exhibit D).
_________________________________________________________________
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. The discharge
appears to be in compliance with the governing directives and we
find no evidence to indicate that his separation from the Air
Force was inappropriate. We find no evidence of error in this
case and after thoroughly reviewing the documentation that has
been submitted in support of the applicant's appeal, we do not
believe he has suffered from an injustice. In addition, based on
his overall record of service and no documentation related to his
post-service activities and accomplishments, we are not persuaded
that an upgrade of the characterization of his discharge on the
basis of clemency is warranted.
_________________________________________________________________
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 Docket Number
BC-2010-02169 in Executive Session on 21 April 2011, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Jun 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 17 Dec 10.
Exhibit D. Letter, AFBCMR, dated 19 Jan 11, w/atchs.
Panel Chair
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