RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00074
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded.
________________________________________________________________
APPLICANT CONTENDS THAT:
The Air Force provided discipline without counseling. During
his service, he suffered from depression and a sense of
inadequacy. He began to drink in order to ease the pain and try
to fit in. He received reprimands for his poor attitude which
led to him to being put on probation and finally discharged. He
understands being discharged for the way he conducted himself at
the time, but thinks it is unfair that he was not offered
psychological therapy for his depression and inferiority
complex. His discharge warrants an upgrade because he served
with love and pride for his country and the United States Air
Force.
In support of his request, the applicant provides an expanded
statement and copies of his DD Form 214, Certificate of Release
or Discharge from Active Duty, and DD Form 257AF, General
Discharge Certificate.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate that he
enlisted in the Regular Air Force on 21 Sep 76.
On 6 Apr 82, the applicant was notified by his commander of his
intent to recommend his discharge from the Air Force for apathy,
defective attitude, and inability to expend effort
constructively. The reasons for the action included various
instances of failure to go to his appointed place of duty and
dereliction in the performance of his duty, as well as one
instance of failure to obey a lawful order, for which he
received three letters of counseling, two letters of reprimand,
and two instances of non-judicial punishment (NJP) under the
provisions of Article 15 of the Uniform Code of Military Justice
(UCMJ).
On 6 Apr 82, the applicant acknowledged receipt of the action
and, after consulting with legal counsel, submitted a statement
in his behalf.
On 11 May 82, the case file was found legally sufficient and the
discharge authority approved the commanders recommendation on
19 May 82.
On 21 May 82, the applicant was furnished a general (under
honorable conditions) discharge and was credited with five years
and eight months of total active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a report indicating they were
unable to locate an arrest report based on the information
provided.
A request for post-service information was forwarded to the
applicant on 21 Jul 11 for review and comment within 30 days.
In response, the applicant indicates that removing the stain of
having less than an honorable discharge would certainly help him
on his road to regaining his self esteem. He has worked hard to
attain his status as a journeyman electrician and now has almost
twenty-two years in his trade. He belongs to several
electrician social clubs that do charity work for many different
causes. In support of his response, he provides an expanded
statement and copies of his apprenticeship diploma, journeyman
card, various certificates of achievement, and seven supporting
statements. The applicants complete response, with
attachments, is at Exhibit D.
________________________________________________________________
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 injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we find no evidence of an error or
injustice that warranting corrective action. Based on the
available evidence of record, it appears the applicants General
(Under Honorable Conditions) discharge for unsuitability was
consistent with the substantive requirements of the discharge
regulation and within the discharge authoritys discretion and
he has provided no evidence which would lead us to believe
otherwise. 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 at this time. In view of the foregoing, and in
the absence of evidence to the contrary, we conclude that no
basis exists to upgrade the applicants General (Under Honorable
Conditions) discharge.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2011-00074 in Executive Session on 7 Sep 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Dec 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 21 Jul 11, w/atch.
Exhibit D. Letter, Applicant, dated 11 Aug 11, w/atch.
Panel Chair
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