RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04967
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded
to Honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
The Air Force told him his discharge would be upgraded to
Honorable after 6 months.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty on 21 Sep 81.
On 27 May 83, his commander notified him she was recommending
him for discharge from the Air Force for minor disciplinary
infractions. The reasons for the proposed discharge were:
a. On 9 Mar 82, he received a Letter of Reprimand (LOR) for
verbally abusing two female Airmen and committing an obscene
gesture toward them.
b. On 26 Mar 82, he received an Article 15 for being drunk
on duty, disorderly on station, and damaging government
property.
c. On 2 Apr 82, he received an Article 15 for disobeying a
lawful order and also violating a lawful general regulation.
d. On Mar 83, he received an LOR due to being involved in
an affray and damaging government property.
e. On 18 Feb 83, he submitted a commander-directed urine
specimen which returned positive for marijuana.
f. On 13 May 83, he received an Article 15 for disobeying a
lawful order.
g. On 28 Apr 83, he submitted a commander-directed urine
specimen which returned positive for marijuana.
The member acknowledged his right to counsel and to submit a
statement on his own behalf. After consulting counsel, he
submitted a statement on 1 Jun 83.
His commander recommended his discharge. On 13 Jun 83, the case
was reviewed and found to be legally sufficient, and the
discharge authority directed his discharge on 20 Jun 83.
On 5 Jul 83, he was furnished a General (Under Honorable
Conditions) discharge for misconductpattern of minor
disciplinary infractions, and was credited with 1 year,
9 months, and 14 days of active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C.
On 5 Mar 12, a copy of the FBI Investigative Report and a
request for post-service information was forwarded to the
applicant for review and comment within 30 days. As of this
date, no response has been received by this office (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 an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we do not find the documentation
presented sufficient to conclude the applicant has been the
victim of an error or injustice. Based on the available
evidence of record, it appears the applicants General (Under
Honorable Conditions) discharge for misconduct was consistent
with the substantive requirements of the discharge regulation
and within the discharge authoritys discretion. He has
provided no evidence which would lead us to believe otherwise.
In the interest of justice, we considered upgrading his
discharge on the basis of clemency; however, in the absence of
any evidence for us to consider in determining whether his post-
service accomplishments were sufficient to overcome the
misconduct that formed the basis of his discharge, we are not
inclined to grant the relief sought on that basis. Therefore,
in the absence of evidence to the contrary, we conclude that no
basis exists for us to recommend granting the relief sought in
this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2011-04967 in Executive Session on 19 Jul 12, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Dec 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, SAF/MRBR, dated 5 Mar 12.
Panel Chair
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