RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04348
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He feels he should have received counseling and rehabilitation
for his infractions as is standard practice in the Air Force now.
With a change in characterization, he would qualify for these
services through the Department of Veteran Affairs (DVA).
In support of his appeal, the applicant provides a personal
statement; and, copies of his DD Form 214, Certificate of Release
or Discharge from Active Duty; and his commanders letter
directing he be administratively discharged.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
served on active duty from 23 April 1982 to 17 June 1984.
On 3 May 1984, the applicant, while serving in the grade of
airman first class (E-3), was notified of his commanders intent
to recommend him for a general (under honorable conditions)
discharge for a pattern of misconduct. The specific reasons for
the discharge were his receipt of a letter of counseling for
failure to report for charge of quarters duty, a letter of
reprimand for failing to properly service a government vehicle
with a subsequent Unfavorable Information File entry, a civil
court conviction for driving while intoxicated, six dishonored
check notifications, and one dishonorable failure to pay a just
debt owed.
After acknowledging receipt of his commanders intent, the
applicant consulted counsel and waived his right to submit
statements in his own behalf. On 10 May 1984, the Staff Judge
Advocate found the case to be legally sufficient. On 25 May
1984, the discharge authority approved the recommended discharge
and directed the applicant be discharged without the offer of
probation and rehabilitation.
On 7 June 1984, the applicant was discharged with a general
(under honorable conditions) discharge under the provisions of
Air Force Regulation 39-10, paragraphs 5-47b and d. His
narrative reason for discharge was Misconduct Pattern of
Conduct Prejudicial to Good Order and Discipline. The applicant
served 2 years, 1 month, and 15 days on active duty.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI), Clarksburg, WV, provided a copy of an
Investigation Report (Exhibit C).
On 7 March 2012, the applicant was given an opportunity to submit
comments about his post service activities and in response to the
FBI Report (Exhibit D).
The applicant responded with a personal statement, several
character references, and course certificates. He indicates his
misconduct while in the military was due to having a drinking
problem. He has been sober for the past 18 years and has
completed numerous self-improvement courses in hopes to be a
productive citizen when he gets out of prison in 2016.
The applicants complete 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. In the interest of
justice 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.
Moreover, we note the applicant has had several arrests since his
discharge and is currently incarcerated based on a conviction for
battery with intent to commit sexual assault and three counts of
sexual assault. 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 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-2011-04348 in Executive Session on 7 June 2012, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2011-04348:
Exhibit A. DD Form 149, dated 27 Oct 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 7 Mar 12, w/atch.
Exhibit E. Letter, Applicant, not dated, w/atchs.
Panel Chair
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