RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03130
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge was inequitable because it was based on his
financial indebtedness at that time. He had no previous trouble
with indebtedness and believes he should have been provided
counseling and assistance rather than discharge. In fact, he
knew of others with similar circumstances that were not
discharged, but were subsequently promoted.
In support of his appeal, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, issued in conjunction with his 22 Apr 96 discharge.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant reenlisted in the Regular Air Force, on 15 Mar 95,
for a period of four years.
On 1 Apr 96, the squadron commander notified the applicant of
administrative discharge action for a pattern of misconduct,
specifically, conduct prejudicial to good order and discipline.
The underlying basis for this action was a series of
disciplinary infractions committed by the applicant.
Specifically, for the acts of misconduct, he received three
Letters of Counseling (LOCs) for two incidents of failure to
maintain sufficient funds in his bank account and keeping
company with minor children, not his own and six Letters of
Reprimand (LORs) for serving alcoholic beverages to minors,
dereliction of duty, three incidents of insufficient funds in
his bank account, and failure to pay a just debt.
On that same date, the applicant acknowledged receipt of the
discharge notification and submitted statements in his own
behalf. The staff judge advocate recommended that he receive a
general (under honorable conditions) discharge, without
probation and rehabilitation (P&R). On 19 Apr 96, the discharge
authority approved the general discharge without P&R.
The applicant was discharged, on 22 Apr 96, by reason of
misconduct, with service characterized as general (under
honorable conditions). He was credited with 4 years, 4 months
and 11 days of active duty service.
Pursuant to the Boards request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, provided an
investigative report which is attached at Exhibit C.
On 30 Apr 12, a copy of the FBI report was forwarded to the
applicant for comment. At that time, he was also invited to
provide additional evidence pertaining to his activities since
leaving the service (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 during the discharge process. 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. Considering the
applicants overall record of service, and the FBI Report of
Investigation, we are not persuaded that an upgrade of the
characterization of his discharge is warranted on the basis of
clemency. 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-2011-03130 in Executive Session on 31 May 2012, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Aug 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, AFBCMR, dated 30 Apr 12, w/atchs.
Panel Chair
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