RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04569
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The applicant provides no contentions with his appeal.
The applicant does not provide any evidence in support of his
appeal.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
entered active duty on 10 February 1987 and was promoted to the
grade of airman first class (E-3) effective 10 July 1988.
The applicant received four Letters of Reprimand (LOR) and two
Article 15 punishments between 9 June 1987 and 25 May 1989 for
missing a scheduled dental appointment; failure to maintain
sufficient funds in his bank account; failure to maintain his
personal grooming in violation of Air Force Regulation (AFR) 39-
10; performing an indecent act by looking through a dormitory
bathroom window while a female was drying off after a shower; and
assault of another Air Force member.
On 9 June 1989, the applicant was notified that his commander was
recommending him for a general discharge for misconduct (minor
disciplinary infractions). The applicant acknowledged receipt of
his commanders intentions; and, after consulting counsel,
submitted a statement in his own behalf.
After considering the applicants submission, the commander
recommended the applicant be discharged with a general (under
honorable conditions) discharge under the provisions of AFR 39-
10, Paragraph 5-46, without probation or rehabilitation.
On 26 June 1989, the Staff Judge Advocate found the case to be
legally sufficient. On 29 June 1989, the discharge authority
approved the recommended discharge. On 13 July 1989, the
applicant was discharged from active duty with a general (under
honorable conditions) discharge. He served two years, five
months, and four 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 2 March 2011, the applicant was given an opportunity to submit
comments in response to the FBI Report and about his post service
activities (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-2010-04569 in Executive Session on 28 July 2011, under
the provisions of AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2010-04569:
Exhibit A. DD Forms 149, dated 17 Nov 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 2 Mar 11.
Chair
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