RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04552
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was told his discharge would be upgraded to honorable after
six months and he needs a new DD Form 214, Certificate of
Release or Discharge from Active Duty, reflecting the change.
The applicant's complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 12 May 1981, the applicant enlisted in the Regular Air Force
for a period of four years.
On 17 Apr 1984, his commander notified him that he was
recommending his separation from the Air Force under the
provisions of AFR 39-10, Administrative Separation of Airmen.
The specific reasons for this action were:
On 15 Jan 1982 he received a letter of counseling for failure
to go.
On 23 Jan 1982, he assaulted three Air Force members and was
court-martialed. He was sentenced to four months at hard labor,
ordered to forfeit $300 of his pay for three months, and reduced
to the grade of Airman Basic (E-1).
On 23 Jul 1983 he received a letter of reprimand for failure
to go.
On 4 Nov 1983, he assaulted two members of the Boxing Team,
inflicting grievous bodily harm upon one. He was again court-
martialed and was sentenced to perform 45 days hard labor,
without confinement, and reduced to the grade of Airman (E-2).
On 17 Apr 1984, the applicant acknowledged receipt of the notice
of discharge.
On 18 Apr 1984, the applicant offered a conditional waiver of
his rights associated with an administrative discharge board
hearing. This waiver was contingent on his receipt of no less
than a general discharge if the recommendation for his discharge
was approved.
On 26 Apr 1984, the Staff Judge Advocate (SJA) reviewed the case
and found it legally sufficient.
On 7 May 1984, the commander rejected the applicants
conditional waiver of administrative board proceedings.
On 10 May 1984 the applicant was advised of his rights to an
administrative discharge board, military counsel, and to submit
statements on his own behalf.
On 5 Jun 1984, his commander notified him that he was still
recommending his discharge without probation and rehabilitation
under the same provisions, however, due to further evidence
presented to him by the SJA, he recommended that his service be
characterized as general. Therefore, he was not entitled to
present his case before an administrative discharge board.
On 6 June 1984, the applicant acknowledged receipt of the
notification and waived his right to submit statements.
On 13 Jun 1984, the SJA submitted an addendum to his legal
review and recommended the applicant be discharged with a
general discharge without probation and rehabilitation.
On 16 Jul 1984, the applicant was discharged with service
characterized as general (under honorable conditions) in the
grade of airman. He served 2 years, 11 months and 12 days of
total active service. He accumulated 83 days lost time between
the period 5 Mar 1982 through 27 May 1982.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
(Exhibit C).
On 3 Apr 2012, a copy of the FBI report and a request for post-
service information was forwarded to the applicant for review
and comment within 30 days (Exhibit D), as of this date, no
response has been received by this office.
________________________________________________________________
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. Therefore, in the absence of evidence to the
contrary, we find no basis upon which to recommend granting the
relief sought in this application.
________________________________________________________________
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 this application
in Executive Session on 31 May 2012, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2011-04552:
Exhibit A. DD Form 149, dated 15 Nov 2011.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 11 Jan 2012.
Exhibit D. Letter, AFBCMR, dated 3 Apr 2012.
Panel Chair
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