RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04565
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable, his narrative reason for separation be changed
from unsatisfactory performance to satisfactory performance,
and his separation and reenlistment codes be changed to reflect
honorable conditions.
________________________________________________________________
APPLICANT CONTENDS THAT:
In 1985, he was falsely accused then discharged from the Air
Force. He never had the opportunity to defend himself properly
and voice his side of the incidences. His military career and
life were destroyed during that time period. He wants his
discharge to reflect his performance and awards. He wants to
correct the wrong that shouldnt have happened, complete
20 years of service, and retire in good faith under honorable
conditions.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, and personal supporting documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 17 July 1980.
On 9 August 1985, the applicant was notified by his commander
that he was recommending him for discharge from the Air Force
for unsatisfactory duty performance under the provisions of
AFR 39-10, Administrative Separation of Airmen, paragraph 5-26a.
The specific reasons for this action are noted in the Letter of
Notification of Discharge at Exhibit B.
The applicant acknowledged receipt of the notification of
discharge and was advised of his right to consult counsel and
submit statements on his behalf: he consulted counsel and
submitted a written statement for consideration. Subsequent to
the file being found legally sufficient, the discharge authority
approved the separation and directed the applicant be discharged
with a general (under honorable conditions) characterization of
service without probation and rehabilitation. The applicant was
released from active duty on 13 September 1985 and was credited
with 5 years, 1 month and 27 days of active duty service which
included 2 years, 8 months and 4 days of Foreign Service.
The Air Force Discharge Review Board (AFDRB) reviewed the
applicants request for an upgrade to his discharge on
28 January 1987 and concluded that there existed no legal or
equitable basis for upgrade of discharge.
Pursuant to the Board's request, the FBI was unable to identify
an arrest record on the basis of information furnished.
On 29 March 2012, the applicant was given an opportunity to
submit comments regarding his post service activities
(Exhibit C).
In response, the applicant provided an expanded statement
indicating there was a personality conflict between him and the
Flight Chief which led to allegations of unsatisfactory duty
performance and his subsequent discharge from the Air Force.
Since leaving the Air Force he has worked very hard to prove that
he can do a good job. He has earned two Associates and one
Bachelors Degrees and made positive contributions to his
community, and profession. In support of his expanded statement,
the applicant provides letters of support from colleagues
friends.
The applicants complete response, with attachments, is at
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. The applicants
reenlistment code, separation code, and narrative reason for
separation which were assigned at the time of his separation
accurately reflect the circumstances of his separation; evidence
has not been provided that would lead us to believe otherwise.
In the interest of justice, we considered upgrading the
discharge based on clemency and considered the applicant's
overall post-service activities and accomplishments; however,
the evidence submitted was not 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.
________________________________________________________________
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
BC-2011-04565 in Executive Session on 28 June 2012, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149 dated 11 November 2011, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 29 March 2012.
Exhibit D. Letter, Applicant, not dated, w/atchs.
Panel Chair
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