RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02222
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was told his discharge could be upgraded six months after
leaving the service.
In support of his appeal, 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 is a former member of the Regular Air Force who
entered active duty on 1 June 1982 and was promoted to the grade
of airman (E-2) with a date of rank of 1 December 1982.
On 27 June 1983, the applicant was notified that his commander
was recommending him for a general discharge for misconduct which
resulted in the applicant receiving Article 15, Uniform Code of
Military Justice (UCMJ), punishment for failure to obey a lawful
order; and, two Letters of Reprimand (LORs) for being arrested by
civil authorities for battery and, participating in a breach of
peace and drunk on station. As a result of the applicants
Article 15, he received punishment consisting of reduction in
grade to airman basic (E-1), forfeiture of $100 pay, and 14 days
of extra duty.
On 30 June 1983, after consulting counsel, the applicant
submitted a statement in his own behalf. After a legal review
found the case to be legally sufficient, the discharge authority
approved the recommended discharge and directed the applicant be
issued a General Discharge Certificate without probation and
rehabilitation under the provisions of Air Force Regulation 39-
10, Section H, paragraph 5-47.
On 20 July 1983, the applicant was discharged from active duty in
the grade of airman basic with a general discharge and a
narrative reason for separation as Misconduct-Pattern
Discreditable Involvement with Military or Civil Authorities.
He served one year, three months, and one day on active duty.
On 24 April 1997, the Air Force Discharge Review Board (AFDRB)
considered and denied the applicants request to upgrade his
discharge.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI), Clarksburg, WV, provided a copy of an
Investigation Report (Exhibit C).
On 9 August 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 stating he had developed an alcohol
drinking problem while in the service, but didnt realize it at
the time. He was totally out of control and would like to
apologize for his actions. Once leaving the service, his
drinking continued to escalate and he began getting arrested on
several charges. He realized he needed help and checked himself
into a substance abuse program. He went back to school and got
his associate degree. He now has over 19 years of sobriety and
has been a very productive member of society by helping to mentor
neighborhood children about the effects of alcohol and drug
abuse.
He now works for the New York City Department of Transportation
as a supervisor of stock workers.
The applicants complete response, with attachments, 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, 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 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-2011-02222 in Executive Session on 23 February 2012,
under the provisions of AFI 36-2603:
,Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-02222 was considered:
Exhibit A. DD Form 149, dated 10 Jun 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 9 Aug 11.
Exhibit E. Letter, Applicant, not dated, w/atchs.
Panel Chair
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