RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02832
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His General (Under Honorable Conditions) discharge be
upgraded to Honorable.
2. His Pay Grade, as reflected on his DD 214, Certificate of
Release or Discharge from Active Duty, be changed to E-4.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was under the impression that his discharge would be upgraded
automatically six months after his discharge. As for his pay
grade, he is now a liver transplant candidate and wishes to be
buried as an E-4 if something should happen.
In support of his request, the applicant provides a copy of his
DD Form 214 and a letter from the Department of Veterans Affairs
(DVA) notifying him that he is an organ transplant candidate.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Air Force on 26 Mar 86.
On 5 Sep 89, the applicants commander notified him of his
intent to discharge him from the Air Force with a General (Under
Honorable Conditions) discharge for Minor Disciplinary
Infractions. The reasons for the action included five
incidences of failure to go to his appointed place of duty at
the prescribed time, one incidence or reporting late for duty,
and one incidence of operating a motor vehicle while drunk, for
which he twice received non-judicial punishment under Article 15
of the Uniform Code of Military Justice, four letters of
counseling, and a record of individual counseling.
On 14 Sep 89, the case was determined to be legally sufficient;
the discharge authority subsequently concurred and directed the
applicant be furnished a General discharge; and, on 3 Oct 89,
the applicant was furnished a General (Under Honorable
Conditions) discharge and was credited with 7 years and 26 days
of active duty service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a report indicating they were
unable to locate an arrest record on the basis of the
information provided.
A request for post-service information was forwarded to the
applicant on 15 Dec 11 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit C).
________________________________________________________________
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. Furthermore, we do
not find clemency is appropriate in this case since the
applicant has not provided any evidence concerning his post-
service activities. Based on the foregoing, we find no basis to
recommend granting the relief sought in this application.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request of a hearing is not favorably considered.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material 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 the
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-02832 in Executive Session on 1 March 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Jul 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 15 Dec 11.
Chair
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