RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03477
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was an outstanding member of the Air Force. He was chosen to escort and
assist his superiors. Six days of his time in the Air Force were not a
true indication of his upstanding service.
In support of his request, applicant provides a personal statement and
copies of documents extracted from his military personnel records.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 20 Jan 82, the applicant contracted his enlistment in the Regular Air
Force. He served as an Aerospace Ground Equipment Mechanic. He was
progressively promoted to the grade of airman first class having assumed
the grade effective and with a date of rank of 11 Oct 84.
On 24 Jan 84, the applicant’s commander notified him that he was
recommending his discharge from the Air Force for misconduct with service
characterized as general. The specific reasons for the discharge action
were bad checks, delinquent payments, being absent without leave and a
positive urinalysis for marijuana. In his recommendation for discharge the
commander noted that although he believes discharging the service member is
warranted, however, the service member has over the past few months
demonstrated a complete change and potential for positive rehabilitation.
Therefore, he would be amenable to retention based on a probation period.
His commander advised him of his rights in this matter. The applicant
acknowledged receipt of the notification for discharge and after consulting
with legal counsel waived his right to statement in his own behalf.
The legal office reviewed the case and found it legally sufficient to
support separation and recommended discharge with a general discharge with
probation and rehabilitation.
The discharge authority suspended the execution of the general discharge
for six months.
On 11 Jan 85, the applicant’s commander again notified him that he was
recommending his discharge from the Air Force for misconduct. The specific
reasons for the discharge action were being counseled on three occasions
for reporting late for duty and once for leaving work without permission
and again testing positive for marijuana.
His commander advised him of his rights in this matter. The applicant
waived his right to an administrative discharge board contingent upon him
receiving no less than a general discharge.
The legal office reviewed the case and found it legally sufficient to
support separation and recommended accepting the applicant’s conditional
waiver with a general discharge without probation and rehabilitation.
The discharge authority directed a general discharge without probation and
rehabilitation.
He was discharged on 25 Mar 85. He served 3 years, 1 month and 29 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, to include his rebuttal response, 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 persuade us to recommend granting the relief sought on
that basis. Therefore, in the absence of evidence to the contrary, 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-
03477 in Executive Session on 13 Apr 11, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Sep 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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