RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04369
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He failed to go at the time prescribed to his appointed place of
duty and he overslept and missed a scheduled flight. It was his
first time missing a flight and/or being late for work. He is
not making light of what he did; however, this was an isolated
incident. Since his discharge in 1995, he has worked at the
Bridgestone Americas Tire Operations Plant for 11 years, he
coaches a softball team at work, several youth basketball,
baseball and flag football teams and he is an active member in
church. He has been married for 10 years with three children and
one grandchild. Giving his life to the Lord has been the turning
point in his life. He states he is a new man and desires his
discharge upgraded. He loved and enjoyed serving his country.
His goal was to respectfully retire from the Air Force.
In support of the applicants appeal, he provides a personal
statement, character reference letters, and documents extracted
from his military personnel records.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
A discharge package was not available in the applicants military
personnel records (MPR). The facts surrounding his separation
cannot be verified. The available records reveal the following.
The applicant enlisted in the Regular Air Force on 6 October
1988.
On or about 11 June 1994, the applicant did without authority,
fail to go at the time prescribed to his appointed place of duty.
For this misconduct the applicant received nonjudicial punishment
under Article 15 of the Uniform Code of Military Justice (UCMJ).
His punishment consisted of a suspended reduction in grade from
senior airman to airman first class and a forfeiture of
$258.00 pay.
On or about 11 August 1994 to 29 September 1994, he dishonorably
failed to pay a debt.
On 18 October 1994, the suspended reduction in grade to airman
first class imposed by Article 15 was vacated.
The applicant was discharged on 25 September 1995 with a general
(under honorable conditions) discharge under the provisions of
AFI 36-3208 (Misconduct). He served 6 years, 11 months and
20 days on active duty.
Pursuant to the Board's request, the Federal Bureau of
Investigation indicated that on the basis of the data furnished,
they were unable to locate an arrest record.
_________________________________________________________________
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, the Board majority finds 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, considering that for service to be
characterized as honorable it should be meritorious, the Board
majority finds the evidence provided insufficient to recommend
granting the relief on that basis. Therefore, in the absence of
evidence to the contrary, the Board majority recommends denial of
the relief sought.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
The majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-04369 in Executive Session on 28 June 2012, under
the provisions of AFI 36-2603:
By a majority vote, the Board recommended denial of the
application. XXX voted to grant the applicants request
and provided a minority report. The following documentary
evidence pertaining to AFBCMR Docket Number BC-2011-04369 was
considered:
Exhibit A. DD Form 149, dated 1 November 2011, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Minority Report, dated 23 July 2012.
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