RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01587
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
At the time of his discharge the military was cutting back and he
became a casualty. He was immature and careless with his
actions, but does not believe his actions warranted the
punishment he received.
He is trying to procure life insurance through United Services
Automobile Association (USAA) to protect his future wife, and
they will not accept him due to his discharge.
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:
On 9 Mar 92, the applicant enlisted in the Regular Air Force and
was progressively promoted to the grade of airman first class.
He received one (1) Enlisted Performance Report (EPR) which was a
referral report with an overall rating of 1.
On 1 Apr 94, 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 reasons for the proposed action were:
1) On 11 Jan 93, he received a Letter of Reprimand (LOR) for
failure to report to his duty section at the prescribed time.
(His fifth failure to go in six weeks)
2) On 3 Aug 93, he received an Article 15, for wrongful
consumption of alcoholic beverages while under the age of
21 years. Punishment imposed was a reduction in grade to airman
basic (with the reduction below the grade of airman suspended
until 2 Feb 94).
3) On 24 Mar 94, he received an Article 15, for wrongful
consumption of alcoholic beverages while under the age of
21 years. Punishment imposed was a suspended reduction to the
grade of airman, and forfeiture of $100.00 per month for one
month.
4) He received seven (7) Records of Individual Counseling,
three for failure to go, three for failure to conform to AFR
35-10, Dress and Personal Appearance of Air Force Personnel
standards, and one for failure to attend required training.
On 1 Apr 94, the applicant acknowledged receipt of the
notification of discharge and, after consulting with counsel,
waived his right to submit statements in his own behalf.
The base legal office reviewed the case and found it legally
sufficient to support separation and recommended that he receive
a general discharge without probation and rehabilitation.
On 11 Apr 94, the applicant was discharged under the provisions
of AFR 39-10, Administrative Separation of Airmen, by reason of
misconduct, and received a general discharge. He served on
active duty for a period of two years, one month, and three days.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C.
On 21 Jun 11, a copy of the FBI report was forwarded to the
applicant for review and comment within 30 days. At the same
time, the AFBCMR staff offered the applicant an opportunity to
provide information pertaining to his activities since leaving
the service (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 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. 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 Docket Number
BC-2011-01587 in Executive Session on 2 Aug 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Apr 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation, dated 2 Jun 11.
Exhibit D. Letter, SAF/MRBC, dated 21 Jun 11.
Panel Chair
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