RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04476
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He served in support of Operations DESERT SHIELD and DESERT
STORM; received the National Defense Service Medal (NDSM) for
good conduct; served his country honorably; and has been an
outstanding and stand-up citizen since his discharge.
The applicant did not provide any documentation in support of
his request.
The applicants complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 13 Mar 89, the applicant entered the Regular Air Force.
On 26 Jul 89, the applicant operated a motorcycle on Little Rock
Air Force Base, Arkansas without the proper eye protection,
license, registration and insurance, in excess of the speed
limit. For this misconduct, he received a Letter of Reprimand
(LOR).
On 7 Nov 91, the applicant assaulted an individual. For this
misconduct, he was counseled.
On 30 May 92, the applicant drove while intoxicated, was drunk
and disorderly, assaulted an individual, and unlawfully entered
the dormitory room of another airman. For this misconduct, he
received non-judicial punishment (NJP) under Article 15 of the
Uniform Code of Military Justice (UCMJ), forfeiture of $200 pay
per month for one month and reduction to the grade of airman
first class.
On 16 Jun 92, the applicant was notified of his commanders
intent to recommend he be discharged from the Air Force for a
pattern of misconduct. The applicant acknowledged receipt of
the notification of discharge and after consulting with counsel,
he submitted a statement on his own behalf.
On 22 Jun 82, the Acting Staff Judge Advocate reviewed the case
and found it legally sufficient to support discharge and
recommended he receive a general (under honorable conditions)
discharge without probation and rehabilitation.
On 25 Jun 82, the applicant was discharged under the provisions
of AFR 39-10, Administrative Separation of Airmen, for a pattern
of misconduct, and received a general (under honorable
conditions) discharge, without probation and rehabilitation. He
served on active duty for a period of 3 years, 3 months and
17 days.
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 6 Mar 12, the applicant was offered an opportunity to provide
information pertaining to his activities since leaving the
service. The applicant states he entered the Air Force at the
age of 18; was young and immature; and has since matured and
done all the right things in life. He has been working in the
Automobile Industry for 16 years; is a member of the Association
of Finance and Insurance Professionals, and a notary public
(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
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. We considered
upgrading the discharge based on clemency; however, we do not
find sufficient evidence to compel us to recommend granting the
relief sought on that basis. 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 Docket Number
BC-2011-04476 in Executive Session on 31 May 12, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence considered:
Exhibit A. DD Form 149, dated 6 Nov 11.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. SAF/MRBC, Letter, dated 6 Mar 12.
Exhibit D. Applicants Letter, undated.
Panel Chair
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