RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03253
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was told that after a period of time his general discharge
would be upgraded to honorable.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 12 Aug 1993, the applicant enlisted in the Regular Air Force.
On 28 Aug 1996, his commander notified him he was recommending
he be discharged under the provisions of AFPD 36-32, Military
Retirements and Separations and AFI 36-3208, Administrative
Separation of Airmen, for minor disciplinary actions. The
specific reasons for his action are reflected in the
Notification Memorandum, dated 28 Aug 1996, at Exhibit B.
On 28 Aug 1996, the applicant acknowledged receipt of the
discharge notification.
On 4 Sep 1996, the Staff Judge Advocate found the discharge
legally sufficient.
On 10 Sep 1996, the applicant was discharged from the Air Force,
with service characterized as general (under honorable
conditions). He served 3 years and 29 days of total active
service.
On 17 May 2002, the Air Force Discharge Review Board (AFDRB)
denied the applicants request for a discharge upgrade. A copy
of the AFDRB hearing record is at Exhibit B.
On 2 Jan 2013, a request for post-service information was
forwarded to the applicant for review and comment within 30 days
(Exhibit C), 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 19 Mar 2013, under the provisions of AFI
36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered in AFBCMR BC-
2012-03253:
Exhibit A. DD Form 149, dated 5 Jul 2012.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 2 Jan 2012, w/atch.
Panel Chair
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