RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03029
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was young and immature at the time of his military service
which caused him to make some mistakes. His discharge is
preventing him from receiving Department of Veteran Affairs (DVA)
benefits.
In support of his appeal, the applicant provides a copy of his DD
Form 214, Certificate of Release or Discharge from Active Duty.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
entered active duty on 23 March 1982 in the grade of airman (E-
2). He received three Article 15s, was denied the Air Force Good
Conduct Medal, and received a speeding ticket between 15 August
1982 and 17 March 1983. As a result of his Article 15, dated
17 March 1983, he was demoted to the grade of airman basic (E-1)
with an effective date of 21 March 1983.
On 31 March 1983, the applicant was notified that his commander
was recommending him for a general discharge for a pattern of
misconduct. After consulting with counsel, the applicant
submitted statements in his own behalf on 7 April 1983. The
Staff Judge Advocate found the case to be legally sufficient on
8 April 1983. After considering the applicants submission, the
discharge authority approved the recommended discharge and
directed the applicant be discharged under the provisions of Air
Force Regulation 39-10, Chapter 5, Section H, paragraphs 5-47a
(Pattern of Misconduct), without probation or rehabilitation.
On 19 April 1983, the applicant was discharged from active duty
with a general (under honorable conditions) discharge. He served
1 year, 4 months, and 24 days on active duty.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI), Clarksburg, WV, provided a copy of an
Investigation Report (Exhibit C).
On 13 October 2010, the applicant was given an opportunity to
submit comments about his post service activities and to respond
to the FBI Report (Exhibit D). As of this date, this office has
received no response.
_________________________________________________________________
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 was contrary to the
provisions of the governing regulation, unduly harsh, or
disproportionate to the offenses committed. Furthermore, we do
not find clemency is appropriate in this case since the applicant
has not provided any evidence concerning his post-service
activities. Based on the foregoing, 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 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-2010-03029 in Executive Session on 7 June 2011, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered for AFBCMR
Docket Number BC-2010-03029:
Exhibit A. DD Form 149, dated 13 Aug 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 13 Oct 10, w/atch.
Panel Chair
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