RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00510
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The mishandling of his enlistment, by his recruiter, ultimately
resulted in his general discharge.
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 enlisted in the Regular Air Force effective
19 October 1979 in the grade of airman basic. He served as a
Medical Services Specialist and was progressively promoted to the
grade of airman first class (E-3) with a date of rank of
19 October 1980.
Information was later discovered that the applicant had concealed
his prior military service in the Regular Army from 12 June 1972
to 17 May 1974. In addition, he concealed the fact he had been
treated for alcoholism and had attended Alcoholics Anonymous
meetings for treatment of his serious drinking problem. It was
determined, that the applicants previous character of service
would have preempted any consideration for a waiver for
enlistment into the Air Force.
On 24 August 1981, the applicant was notified of his commanders
intent to recommend him for an Under Other Than Honorable
Conditions (UOTHC) discharge for fraudulent enlistment.
On 20 August 1981, the applicant offered a conditional waiver of
his rights associated with an administrative discharge board
hearing, contingent upon his receipt of a general (under
honorable conditions) discharge. On 28 August 1981, the Deputy
Staff Judge Advocate found the case to be legally sufficient and
recommended the commander accept the applicants conditional
waiver. On 3 September 1981, the discharge authority approved
the applicants conditional waiver and directed he be discharged
with a general (under honorable conditions) discharge without
probation or rehabilitation.
On 11 September 1981, the applicant was discharged with a general
(under honorable conditions) discharge for misconduct-fraudulent
enlistment. He served 1 year, 10 months, and 23 days on active
duty in the Regular Air Force.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI), Clarksburg, WV, provided a copy of an
Investigation Report (Exhibit C).
On 21 March 2011, the applicant was given an opportunity to
submit comments about his post service activities and in response
to the FBI Report (Exhibit D).
The applicant responded by letter, with comments about his
accomplishments since his discharge.
The applicants complete submission is at Exhibit E.
_________________________________________________________________
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. Furthermore, we do not
find clemency is appropriate in this case in light of the
contents of the FBI report and 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 Docket Number BC-
2011-00510 in Executive Session on 20 October 2011, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2011-00510:
Exhibit A. DD Form 149, dated 10 Feb 11.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 21 Mar 11, w/atch.
Exhibit E. Letter, Applicant, not dated.
Panel Chair
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