RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03507
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He served over two years in the Air Force and it has been over
24 years since his release. He has a clean record and desires to
upgrade his discharge.
The applicant provides no documentation in support of his claim.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 27 December
1984.
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 follow:
a. The applicant received two Letters of Reprimand (LORs) on
or about 2 December 1985 and 26 April 1986 for failure to obey a
lawful order and he was derelict in the performance of his
duties.
b. The applicant received two Letters of Counseling (LOCs)
on 4 April 1986 and 24 May 1986 for two traffic citations.
c. On or about 31 May 1986, the applicant stole a beer keg.
For this misconduct he received an Article 15. His punishment
consisted of a suspended reduction, forfeiture of $170 for two
months, and 30 days correctional custody.
On or about 26 December 1986 to January 1987, the applicant
wrongfully used marijuana. For this misconduct he received an
Article 15. His punishment consisted of a reduction in grade to
airman basic.
He was advised of his rights in this matter and after consulting
with counsel he elected to waive his right to submit a statement
in his own behalf. In a legal review of the case file, the case
was found legally sufficient and discharge was recommended. The
discharge authority concurred with the recommendation and
directed a general (under honorable conditions) discharge. The
applicant was discharged on 28 April 1987. He served 2 years,
4 months and 2 days on active duty.
Pursuant to the Board's request, the Federal Bureau of
Investigation (FBI), Clarksburg, West Virginia, provided an
arrest record which is at Exhibit C.
On 21 October 2011, a copy of the FBI Report of Investigation and
a request for information pertaining to his post-service
activities was forwarded to the applicant for review and response
within 30 days (Exhibit D).
The applicant provided a response indicating since his discharge
from the Air Force he attended Colorado Institute of Art in
Denver and obtained an Associates Degree in Music and Video
Business. He feels that he has paid the price for his actions.
He comes from a good family and he actively volunteers in his
community. He seeks clemency.
The applicants response, with attachments, is at Exhibit E.
_________________________________________________________________
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.
_________________________________________________________________
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-2011-03507 in Executive Session on 5 April 2012, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-03507 was considered:
Exhibit A. DD Form 149, dated 1 September 2011.
Exhibit B. Applicants Master Personnel Record.
Exhibit C. Federal Bureau of Investigation Report.
Exhibit D. Letter, AFBCMR, dated 21 October 2011.
Exhibit E. Letter, Applicant, dated 1 November 2011, w/atchs.
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