RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00130
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
It was explained to him that his discharge would upgrade to
honorable after six months.
In support of his appeal, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, issued in conjunction with his 30 Jun 89 separation.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 29 Sep 86 for
a period of four years.
The squadron commander notified the applicant of administrative
discharge action for unsatisfactory performance. The underlying
basis for this action was a series of disciplinary infractions
committed by the applicant. Specifically, for the acts of
misconduct, he received two Memos for Record (MFRs) for
unsatisfactory ratings on two quality verification inspections;
a Letter of Counseling (LOC) for failure in assigned duties; a
Letter of Reprimand (LOR) for servicing an aircraft with liquid
oxygen while another airman was performing maintenance on the
same aircraft; Decertification on aircraft inspection, and an
Article 15 for dereliction of duty and for signing an official
document, which he knew was false.
On 8 Jun 89, the applicant waived his right to counsel and to
submit statements in his own behalf. The staff judge advocate
found the case file legally sufficient and recommended the
applicant receive a general discharge, without probation and
rehabilitation (P&R). On 21 Jun 89, the discharge authority
approved the general discharge, without P&R.
The applicant was discharged, on 30 Jun 89, under the provisions
of AFM 39-10, by reason of unsatisfactory performance, with
service characterized as general (under honorable conditions).
He was credited with two years, nine months, and three days of
active duty service.
Pursuant to the Boards request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, indicated based on
data furnished; they are unable to locate an arrest record.
________________________________________________________________
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 during the discharge process. 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 also find
insufficient evidence to warrant a recommendation that the
discharge be upgraded on the basis of clemency. Should the
applicant provide statements from community leaders and
acquaintances attesting to his good character and reputation and
other evidence of successful post-service rehabilitation, this
Board may be inclined to reconsider his application based on the
new evidence. We cannot, however, recommend approval based on
the current evidence of record. 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-2011-00130 in Executive Session on 1 September 2011,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Jan 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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