RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03372
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
At the time of his separation, he was informed that as a
condition of his cooperation his discharge status would be
upgraded to honorable following six months of separation without
any additional action on his part.
He recently discovered the upgrade did not happen.
The applicant did not provide any supporting documents.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
entered active duty on 7 December 1976. He served as an
Aerospace Ground Equipment Technician and was progressively
promoted to the grade of Sergeant, E-4 with a date of rank of
01 October 1979.
On 26 May 1981, the applicant was notified by his commander that
he was recommending him for discharge from the Air Force under
the provisions of AFM 39-12, Chapter 2; section A, paragraph 2c.
The specific reason for the proposed action was; apathy and
defective attitude for his grade and failure to maintain
prescribed standards of military deportment as evidenced by past
Airman Performance Reports (APR) and current supervisory comment
as well as wrongful possession and transfer of marijuana on
5 December 1980.
On 26 May 1981, the applicant acknowledged receipt of the
notification of discharge and his right to present his case
before an administrative discharge board, be represented by
counsel, and submit statements on his own behalf. On
26 May 1981 the applicant opted to consult with counsel but
waived his right to submit a statement on his own behalf and
have a hearing before an administrative discharge board.
Subsequent to the file being found legally sufficient, the
discharge authority approved the recommendation and directed the
applicant be discharged with a general (under honorable
conditions) characterization of service. The applicant was
released from active duty on 26 June 1981 and was credited with
4 years, 6 months and 20 days of active duty service.
Pursuant to the Board's request, the FBI was unable to identify
an arrest record on the basis of information furnished.
On 27 March 2012, the applicant was given an opportunity to
submit comments regarding his post service activities
(Exhibit C). As of this date, this office has not received a
response.
________________________________________________________________
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.
________________________________________________________________
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-2011-03372 in Executive Session on 30 May 2012, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-03372 was considered:
Exhibit A. DD Form 149, dated 28 August 2011.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, SAF/MRBC, dated 27 March 2012
Panel Chair
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