RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04336
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. He was discharged because he was ordered not to have contact
with his future spouse.
2. There was no adultery or allegations; however, the ex-spouse
was bothering command, so he was given a no contact order.
3. He is respected in the community and is a member of the law
enforcement community.
The applicant did not provide any documentation in support of
his request.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 8 Mar 85, the applicant entered the Regular Air Force.
On 12 Jun 89, the applicant, while attending the noncommissioned
officer (NCO) leadership school missed a 2300 hour curfew and
was dismissed from school. For this misconduct, he received a
letter of reprimand (LOR).
From 1 Jun to 31 Jul 89, the applicant engaged in conduct
unbecoming an NCO. For this misconduct, he received a LOR, was
placed on the control roster and his NCO status was vacated.
On 11 Sep 89, the applicant failed to attend a scheduled safety
briefing. For this misconduct, he received a letter of
counseling.
On 20 Apr 90, the applicant was derelict in the performance of
his duties when he failed to appear for out-processing for a
temporary duty (TDY) assignment. For this misconduct, he
received an Article 15, Uniform Code of Military Justice (UCMJ)
and forfeiture of $250 pay per month for one month.
On 26 Apr 90, the applicant reported late for work with no
reasonable excuse. For this misconduct, he received a letter of
counseling.
On 17 May 90, the applicant was notified of his commanders
intent to recommend he be discharged from the Air Force under
the provisions of AFR 39-10, Administrative Separation of
Airmen, for minor disciplinary infractions.
On 31 May 90, the applicant was served with an addendum to the
letter of notification dated 17 May 90 as an additional basis
for discharge. The specific reason for the additional basis for
the proposed action was that on 12 May 90, he disobeyed a lawful
order from his commander, when he contacted individuals who he
had been ordered not to contact. For this misconduct, he
received an Article 15, UCMJ, with punishment consisting of
reduction from the grade of senior airman to the grade of airman
basic, with a new date of rank (DOR) of 30 May 90. The
applicant acknowledged receipt of both the original letter and
addendum notification letter, consulted counsel and waived his
right to submit a statement on his own behalf.
On 4 Jun 90, the Staff Judge Advocate reviewed the case and
found it legally sufficient to support separation and
recommended that he receive a general (under honorable
conditions) discharge without probation and rehabilitation. The
discharge authority approved the applicants discharge. On
5 Jun 90, the applicant was discharged from the Air Force with a
general (under honorable conditions) discharge in the grade of
airman basic. He served 5 years, 2 months and 28 days of total
active service.
Pursuant to the Boards request, the Federal Bureau of
Investigations (FBI) Clarksburg, WV, states they were unable to
identify an arrest record on the basis of the information
furnished.
On 7 Mar 12, a request for post-service information was
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 in the discharge processing. Based on the
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. Although we considered whether to
recommend an upgrade of the applicants discharge on the basis
of clemency in the interest of justice, we did not find the
evidence presented is sufficient to compel us to recommend
granting the relief sought on that basis. Therefore, in the
absence of persuasive 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
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 Docket Number BC-
2011-04336 in Executive Session on 22 May 12, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-04336 was considered:
Exhibit A. DD Form 149, dated 31 Oct 11.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. SAF/MRBC, Letter, dated 7 Mar 12.
Panel Chair
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