RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03134
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
____________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
____________________________________________________________
APPLICANT CONTENDS THAT:
He applied for a loan through the Department of Veterans Affairs (DVA) and
was informed he could request this change. He is a good and honest family
man. He has not had any encounters with the police. He has attached
documentation showing his longevity with his employers.
In support of his application, the applicant provides a copy of his DD Form
214, Certificate of Release or Discharge from Active Duty, and his resume’.
The applicant’s complete submission, with attachments, is at Exhibit A.
____________________________________________________________
STATEMENT OF FACTS:
On 16 Nov 82, the applicant contracted his enlistment in the Regular Air
Force. He was progressively promoted to the grade of airman first class,
having assumed the grade effective and with a date of rank of 16 Nov 83.
On 22 Aug 85, the applicant’s commander notified him that she was
recommending his discharge from the Air Force for minor disciplinary
infractions. The specific reasons for the discharge action were his
receiving two Article 15s, a Vacation of Nonjudicial Punishment, a Letter
of Reprimand, and verbal counseling.
His commander advised him of his rights in this matter. He applicant
acknowledged receipt of the notification of discharge and after consulting
with legal counsel waived his to submit statements in his own behalf. On
17 Oct 85, the legal office reviewed the case and recommended discharge
with a general discharge without probation and rehabilitation.
On 1 Nov 85, the discharge authority directed a general discharge without
probation and rehabilitation. He was discharged on 18 Nov 85. He served
three years and three days of active service.
____________________________________________________________
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. We considered upgrading the discharge based on clemency;
however, we do not find the evidence presented is sufficient to compel us
to recommend granting the relief sought on that basis. Therefore, in the
absence of evidence to the contrary, we find no basis upon which to
recommend granting the relief sought.
___________________________________________________________
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-
2010-03134 in Executive Session on 16 Nov 10, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Aug 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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