RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04674
COUNSEL: NONE
HEARING DESIRED: NO
______________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to honorable.
______________________________________________________________
APPLICANT CONTENDS THAT:
He was not in the proper state of mind at the time of his military service. After his younger brother died, nobody took care of his mental health needs. Instead, he was discharged. He wants to receive Veteran benefits for serving his country.
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 served on active duty from 24 March 1982 to 7 December 1983. He was promoted to the grade of airman first class (A1C) (E-3) effective 24 March 1983.
The applicant received two Article 15s, four Letters of Reprimand, and four Records of Counseling between 31 January 1983 and 8 November 1983. As a result of his Article 15s, he received demotions to the grade of airman (E-2) effective 18 August 1983 and to the grade of airman basic (E-1) effective 9 November 1983.
On 10 November 1983, the applicant was notified that his commander was recommending him for a general (under honorable conditions) discharge for a pattern of misconduct prejudicial to good order and discipline under the authority of Air Force Regulation (AFR) 39-10, Paragraph 5-47b. The applicant acknowledged receipt, consulted counsel, and failed to submit any matters within the prescribed time. On 28 November 1983, the Assistant Staff Judge Advocate found the case to be legally sufficient. On 2 December 1983, the discharge authority approved the recommended discharge without probation or rehabilitation.
On 7 December 1983, the applicant was discharged from active duty with a general (under honorable conditions) discharge. He served 1 year, 8 months, and 14 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 11 February 2011, the applicant was given an opportunity to submit comments about his post service activities and a response 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-2010-04674 in Executive Session on 18 August 2011, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-04579 was considered:
Exhibit A. DD Form 149, dated 7 Dec 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 11 Feb 11, w/atch.
Panel Chair
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