RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01036
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His general (under honorable conditions) discharge be
upgraded to honorable.
2. His reenlistment eligibility (RE) code of 2B which denotes
Involuntarily discharged with a general discharge be changed to
allow him reentry into the military.
_________________________________________________________________
APPLICANT CONTENDS THAT:
It has been over 20 years since his discharge and he would like
to apply for government jobs.
He was a young man and disobedient. He is now a productive,
taxpaying citizen, who loves his country.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Air Force on 13 May 87 and was
progressively promoted to the grade of airman first class.
On 9 Jan 89, the applicant received an Article 15 for being
absent without leave (AWOL) from on or about (o/a) 26 Dec 88 to
o/a 29 Dec 88. Punishment consisted of a suspended reduction to
the grade of airman basic, 30 days correctional custody, and
forfeiture of $100.00 pay per month for two months.
On 13 Jan 89, the applicant was convicted by special court
martial for breach of correctional custody on divers occasions
o/a 6 Jan 89, conduct prejudicial to good order and discipline.
Punishment consisted of six months confinement, forfeiture of
$350.00 pay per month for six months, and reduction to the grade
of airman basic.
On 15 Feb 89, the applicant was notified by his commander that he
was recommending his discharge from the Air Force for a pattern
of misconduct, conduct prejudicial to good order and discipline.
The applicant acknowledged receipt of the notification of
discharge and after consulting with counsel, declined to submit
statements in his own behalf.
The base legal office reviewed the case and found it legally
sufficient to support separation. The discharge authority
approved the separation and directed the applicant be discharged
with a general discharge without probation and rehabilitation.
On 6 Jun 89, the applicant was discharged and received a general
discharge. He served on active duty for a period of 1 year,
7 months and 20 days.
On 27 Feb 97, the Air Force Discharge Review Board denied the
applicants request for an upgrade of his discharge.
Pursuant to the request of the Board on 8 Apr 11, the Federal
Bureau of Investigation, Clarksburg, West Virginia, indicated on
14 Apr 11, that, on the basis of the data furnished, they were
unable to locate an arrest record.
On 1 Jun 11, the AFBCMR staff offered the applicant an
opportunity to provide information pertaining to his activities
since leaving the service (Exhibit C). As of this date, no
response has been received by this office.
_________________________________________________________________
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. After careful
consideration of the available evidence, the discharge appears to
be in compliance with the governing regulations in effect at the
time and we find no evidence to indicate the applicants
separation from the Air Force was inappropriate. We find no
evidence of error in this case and after thoroughly reviewing the
documentation that has been submitted in support of the
applicants appeal, we do not believe he has suffered from an
injustice. 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 recommend
granting the relief sought on that basis. We find no error or
injustice with regards to the applicants assigned RE code and
note that RE code 2B is the appropriate code for an involuntary
separation with a general discharge. Therefore, in the absence
of evidence to the contrary, we find no basis upon which to
recommend granting the relief sought.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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-2011-01036 in Executive Session on 21 Jul 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Mar 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBC, dated 1 Jun 11.
Panel Chair
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