RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02790
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
At the time the discharge was given it was justly due. Since
being discharged in 1983, he has been an outstanding citizen and
desires his discharge upgraded.
The applicant provides no documentation in support of his appeal.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 12 August
1981.
The applicant was notified by his commander of his intent to
recommend his discharge from the Air Force under the provisions
of AFR 39-10. The specific reasons were as follows:
a. On 13 February 1982 and 26 February 1982, the applicant
caused a public disturbance and used vulgar language in a public
place. For this misconduct he received a Letter of Reprimand
(LOR).
b. On 23 February 1982, the applicant assaulted an airman by
threatening him with a knife. For this misconduct he received
nonjudicial punishment.
c. On 8 December 1982, the applicant failed to report to his
place of duty at the prescribed time and was derelict in the
performance of his duty. For this misconduct he received
nonjudicial punishment.
d. On 13 December 1982, the applicant failed to maintain his
dormitory room in clean and satisfactory condition. For this
misconduct he received an LOR.
He was advised of his rights in this matter and after consulting
with counsel he elected to submit a statement on his own behalf.
A legal review was conducted of the case file, and the case was
found legally sufficient and a general discharge was recommended.
The discharge authority concurred with the recommendation and
directed a general discharge. The applicant was discharged on
14 February 1983. He served 1 year, 6 months and 3 days on
active duty. He received a reenlistment (RE) code of 2B -
Separated with a general or under other than honorable
conditions (UOTHC) discharge.
_________________________________________________________________
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, the applicant
provides no evidence concerning his post-service activities 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 the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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-2011-02790 in Executive Session on 23 February 2012,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-02790 was considered:
Exhibit A. DD Form 149, dated 30 June 2011.
Exhibit B. Applicants Master Personnel Records.
Panel Chair
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