RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03367
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The applicant makes no contentions.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 2 Aug 83, the applicant entered the Regular Air Force.
On 15 Apr 85, the applicant was notified of pending discharge
action. Specifically, the commander cited Misconduct, Conduct
Prejudicial to Good Order and Discipline as the basis for
discharge.
The records reveal the applicants misconduct consisted of two
Article 15s, Record of Nonjudicial Punishment Proceedings, for
being drunk and disorderly on station and sleeping on post. He
received two Letters of Counseling for being late for duty and
for being in an extremely relaxed position on duty (possibly
asleep), and a Letter of Reprimand for reporting late to duty.
Additionally, on 21 Feb 85, an Incident/Complaint Report was
filed against the applicant for being intoxicated, belligerent,
and obnoxious.
The applicant consulted counsel and waived his right to submit
statements in his own behalf.
On 23 Apr 85, the staff judge advocate found the case legally
sufficient and recommended discharge without probation and
rehabilitation.
On 26 Apr 85, the discharge authority directed discharge. On
1 May 85, the applicant was separated with a general (under
honorable conditions) discharge.
Pursuant to the Boards request, the Federal Bureau of
Investigations (FBI) provided an investigative report, which is
at Exhibit C. On 18 Feb 11, a copy of the investigative report,
with a request for post-service information was forwarded to the
applicant for a response within 30 days (Exhibit D). As of this
date, the applicant has not provided a 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 an error or an injustice. After
careful consideration of the available evidence, we found no
indication that the actions taken to effect the applicants
discharge were improper or contrary to the provisions of the
governing regulations in effect at the time. Further, in view
of the contents of the FBI Identification Record we are not
persuaded that the characterization of the applicants discharge
warrants an upgrade to honorable on the basis of clemency.
Having found no error or injustice with regard to the actions
that occurred while the applicant was a military member, we
conclude that no basis exists to grant favorable action on his
request.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
_________________________________________________________________
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-2010-03367 in Executive Session on 30 March 2011, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Jul 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 18 Feb 11, w/atchs.
Panel Chair
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