RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03637
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He has not been in civil trouble and has been homeless for the
past three years. He is unemployed, in financial distress and
requires medical attention. He requests his discharge be
upgraded to obtain medical care and benefits.
In support of his request, the applicant submits a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 29 April
1981. On 10 May 1983, he was notified of his commanders intent
to recommend him for discharge for unsatisfactory performance.
Specifically, the applicant received one Article 15, one Letter
of Reprimand, four Letters of Counseling and two verbal
counselings. The applicant acknowledged his right to consult
counsel and submit matters on his behalf: which he did. The
Staff Judge Advocate reviewed the case and found it legally
sufficient on 23 May 1983.
The discharge authority directed the applicant be discharged
with a general (under honorable conditions) discharge. His
narrative reason for separation was listed as unsatisfactory
performance. He was credited with 2 years, 1 month and 26 days
of active duty service.
Pursuant to the Boards request, the Federal Bureau of
Investigation, Clarksburg, West Virginia provided a copy of an
investigation report (Exhibit C).
On 20 October 2011, the FBI investigation and a request for
post-service information were forwarded to the applicant for
response within 30 days. As of this date, no response has been
received by this office (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, or unduly harsh. We
considered upgrading the discharge based on clemency; however,
we are not inclined to extend clemency at this time, as the
applicant has provided no evidence pertaining to his activities
and accomplishments since his discharge. Therefore, in the
absence of such evidence, we find no basis to recommend granting
the relief sought in this application.
4. The applicant's 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 for a hearing is not favorably
considered.
________________________________________________________________
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 2011-03637 in Executive Session on 23 February 2012,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Aug 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigative Report
Exhibit D. Letter, AFBCMR, dated 20 Oct 11.
Panel Chair
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