RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00892
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1) His general (under honorable conditions) discharge be
upgraded to honorable.
2) His narrative reason for separation be changed.
3) His separation code be changed.
4) His reentry code be changed.
________________________________________________________________
APPLICANT CONTENDS THAT:
The circumstances surrounding his discharge were unjust and
inequitable.
In support of his appeal, the applicant provides a 4-page
personal statement, a copy of his DD Form 214, Certificate of
Release or Discharge from Active Duty and other supporting
documentation.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 8 April 1988.
On 1 August 1991, the applicant was notified of his commanders
intent to discharge him from the Air Force for minor
disciplinary infractions in accordance with Air Force Regulation
39-10, Administrative Separation of Airmen. Specifically, the
applicant received two Article 15s, two Letters of Reprimand, an
Individual Counseling and an Unfavorable Information File. The
applicant acknowledged his right to consult counsel and submit
matters; which he did. His defense counsel also submitted a
statement on his behalf. The Staff Judge Advocate (SJA)
reviewed the case on 15 October 1991 and recommended the
discharge authority exclude the first Article 15 that the
applicant received. However, the SJA still opined the
additional incidents were legally sufficient to support
discharge with a general service characterization.
In an undated memorandum, the separation authority approved the
discharge and directed the applicant be separated from the Air
Force with a general (under honorable conditions) discharge.
His narrative reason for separation was misconduct pattern of
minor disciplinary infractions, and his separation code was
listed at JKN. His reentry code was listed as 2B (approved
involuntary separation with less than honorable discharge). He
was credited with serving 3 years, 6 months and 21 days on
active duty.
Pursuant to the Boards request, the Federal Bureau of
Investigation, Clarksburg, West Virginia was unable to identify
an arrest record on the basis of information furnished.
________________________________________________________________
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, or unduly harsh. We
considered upgrading the discharge based on clemency; however,
there was no evidence submitted 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-2011-00892 in Executive Session on 9 August 2011,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Nov 10.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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