RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02281
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was young and immature and did not appreciate the serious
effect his general discharge would have on him in his elder
years.
He was under the influence of drugs when he was charged with
burglarizing a pharmacy.
He believes he is entitled to an honorable discharge due to his
total service record.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 18 Feb 75, the applicant entered active duty in the Regular
Air Force and was progressively promoted to the grade of airman.
Available records indicate on 1 Nov 75, the applicant was
arrested for burglarizing a pharmacy and was held in a civilian
jail. On 26 Nov 75, he was released from confinement.
On 7 Apr 76, he was discharged in the grade of airman, under the
provisions of AFM 39-12, Separation for Unsuitability, Unfitness
or Misconduct; Resignation or Request for Discharge for the Good
of the Service; and Procedures for the Rehabilitation Program, by
reason of misconduct civil court disposition. He served on
active duty for 1 year and 25 days.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is attached at Exhibit C.
On 11 Aug 11, a copy of the FBI report was forwarded to the
applicant for review and comment within 30 days, as of this date,
no response has been received by this office (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. 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 sufficient evidence 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 Docket Number
BC-2011-02281 in Executive Session on 13 Sep 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to Docket Number
BC-2011-02281 was considered:
Exhibit A. DD Form 149, dated 15 Jun 11.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation, dated 2 Aug 11.
Exhibit D. Letter, SAF/MRBR, dated 11 Aug 11.
Panel Chair
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