RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02540
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During a squadron Christmas party, his commander knew he was intoxicated and allowed him to drive away. In an attempt to give an airman a ride to barracks, he hit a concrete barrier and both were taken to the hospital. He was given a general discharge due to negligence on the commanders on behalf.
The applicants complete submission, with attachment, is at Exhibit A.
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STATEMENT OF FACTS:
On 12 October 1976, the applicant enlisted in the Regular Air Force and was progressively promoted to the grade of airman first class.
On 8 June 1979, the applicant was notified by his commander that he was recommending he be discharged from the Air Force under the provisions of AFM 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program, with a general discharge. The specific reasons for this action were he received three Article 15s, two for failure to go and one for driving while drunk and a Letter of Reprimand for failure to go.
The applicant acknowledged receipt of the notification of discharge, received advice from a military defense attorney and waived his rights to submit statements on his behalf. On 27 June 1979, the discharge authority determined that a general discharge was appropriate in light of the applicants overall military record.
On 29 June 1979, the applicant was discharged with a general discharge after completing a period of 2 years, 8 months and 18 days of total active service.
Pursuant to the Boards request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a copy of an Investigation Report (Exhibit C).
On 14 December 2010, a request for information pertaining to his post-service activities and a copy of the FBI report were forwarded to the applicant for response within 30 days (Exhibit D).
In a letter dated 1 February 2011, the applicant states he requested his discharge due to his career field being overmanned. He also states the car accident got his commander in trouble which caused others to treat him unfairly.
The applicant complete response is at Exhibit E
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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.
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THE BOARD DETERMINED 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.
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The following members of the Board considered AFBCMR Docket Number BC-2010-02540 in Executive Session on 24 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 12 Jul 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 9 Aug 10.
Exhibit D. Letter, AFBCMR, dated 19 Jan 11
Exhibit E. Applicant's Response, dated 2 Jan 11.
Panel Chair
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