RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04319
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded
to Honorable and his RE Code of 2B (Discharge Under General or
Other Than Honorable Conditions) be changed accordingly.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was young and did not see that he could have obtained the
proper help that would have prevented his discharge. He is now
much older and wiser. He graduated from college. He
particularly feels his discharge should be upgraded because he
served in the Army National Guard for nine years and had a great
career. He even deployed in support of Operation ENDURING
FREEDOM following the events of 11 Sep 01. His nine years of
Honorable service to the U.S. military after his separation from
the Air Force should make up for his youthful mistakes.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, from the Army National Guard.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty on 8 Dec 89.
On 1 Mar 93, the applicants commander notified him he was
recommending he be discharged from the Air Force with a General
discharge for a pattern of misconduct--dishonorable failure to
pay just debts. The applicant received three Letters of
Reprimand, a Letter of Counseling, and numerous letters from a
local company for failure to pay debts. The reasons for the
action were:
1) On or about 19 Feb 93, failure to pay $136.07; the
amount due for payment on a court-ordered judgment.
2) On or about 11 Feb 93, purchasing a leather jacket in
the amount $100.00 after being directed to coordinate all
personal finances through the financial counselor.
3) On or about 4 Dec 92, failure to pay just debts in the
amount of $300.00 to a local proprietor for a set of drums the
applicant had been renting.
4) On or about 2 Oct 92, failure to pay just debts in the
amount of $400.00 to a rental car company, $566.24 to an Auto
Center, and $52.15 to a grocery store.
5) On or about 17 Sep 91, failure to meet scheduled
appointments with the assigned financial counselor to set up
payments to his creditors.
On 3 Mar 93, the case was found to be legally sufficient and, on
4 Mar 93, and the discharge authority concurred with the
commanders recommendation and ordered the applicants
discharge. On 5 Mar 93, the applicant was furnished a General
(Under Honorable Conditions) discharge and was credited with
serving 3 years, 2 months, and 28 days of active service.
According to information provided by the applicant, on 1 Feb 02,
during a subsequent period of service with the Army National
Guard (ARNG), he was ordered to active duty in accordance with
10 USC 12302 (Partial Mobilization) in support of Operation
ENDURING FREEDOM. On 1 Oct 02, he demobilized and released from
active duty with an honorable character of service, presumably
to revert to his status as a traditional (part-time) member of
the ARNG.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report
indicating they were unable to locate an arrest record on the
basis of the information provided.
On 10 Feb 12, a copy of the FBI Investigative Report and a
request for post-service information was forwarded to the
applicant 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 an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we find no evidence of an error or
injustice that occurred in the discharge process. Based on the
available evidence of record, it appears the applicants General
(Under Honorable Conditions) discharge for MisconductPattern of
Dishonorable Failure to Pay Just Debts was consistent with the
substantive requirements of the discharge regulation and within
the discharge authoritys discretion. The applicant has
provided no evidence which would lead us to believe his General
(Under Honorable Conditions) discharge was improper or contrary
to the provisions of the governing directive, or the RE code
issued in conjunction with his discharge was erroneous or
inappropriately assigned. In the interest of justice, we
considered upgrading the discharge on the basis of clemency;
however, we do not find the evidence presented is sufficient for
us to recommend granting the relief sought on that basis at this
time. In view of the foregoing, and in the absence of evidence
to the contrary, we conclude that no basis exists to upgrade the
applicants General (Under Honorable Conditions) discharge or
change his RE code.
________________________________________________________________
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 this
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-04319 in Executive Session on 3 May 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Oct 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 10 Feb 12, w/atch.
Panel Chair
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