RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02409
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
The discharge he received is not a reflection of his long
service (almost 15 years).
The character of service listed on his DD 214, Certificate of
Release or Discharge from Active Duty, is unfair because he was
tarnished by an incident towards the end of his career.
He was given an option of staying in the Air Force, and possibly
getting an honorable discharge later, but chose to leave because
he felt he was being treated unfairly.
In support of his request, the applicant provides copies of his
DD Form 214, numerous letters of recommendation, and a Veterans
Affairs Form Letter.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 21 Jun 78, the applicant enlisted in the Regular Air Force.
On 25 Nov 92, his commander notified him he was recommending his
separation from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airmen, for a pattern of misconduct
consisting solely of minor disciplinary infractions. The
specific reasons for this action were on 15 Sep 90, he operated
a passenger vehicle while drunk, for which he received an
Article 15 and on 2 Nov 92, he again operated a passenger
vehicle while drunk and disobeyed a lawful order. He was
reduced to the grade of staff sergeant and a Unfavorable
Information File (UIF) was established. On 25 Nov 92, the
applicant acknowledged receipt of the notification of discharge.
On 19 Apr 93, the Staff Judge Advocate found the discharge
legally sufficient.
On 23 Apr 93, the applicant was discharged from the Air Force
with a general (under honorable conditions) discharge in the
grade airman basic (AB). He served 14 years, 10 months and
3 days of total active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report
(Exhibit C).
On 25 Jan 12, a copy of the FBI report and a request for post-
service information was forwarded to the applicant for review
and comment within 30 days (Exhibit D), 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. 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 in this
application.
________________________________________________________________
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 documentary evidence was considered in AFBCMR BC-
2011-02409:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Jun 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 2 Aug 11.
Exhibit D. Letter, AFBCMR, dated 26 Jan 12.
Panel Chair
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