RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05868
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
It has been 22 years since his discharge and he would like his
character of service changed.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 10 Feb 88, the applicant commenced his enlistment in the
Regular Air Force (RegAF).
On 19 Jun 90, the applicants commander notified him he was
recommending his discharge from the Air Force for minor
disciplinary infractions. The reasons for the discharge action
included the applicant being late for duty, not reporting for
duty, delinquent payment of debts, and uttering checks with
insufficient funds, for which he received verbal counseling,
Unfavorable Information File entries, placement on a Control
Roster, a Letter of Counseling (LOC), four Letters of Reprimand
(LORs), and an Article 15. .
After consulting with legal counsel, the applicant acknowledged
receipt of the action and elected to submit a statement in his
own behalf.
On 23 Jul 90, the legal office reviewed the case and found it
legally sufficient to support separation and recommended the
applicant be furnished a general discharge without probation and
rehabilitation.
The discharge authority concurred with the findings and
recommendation and directed the applicants discharge. On
26 Jul 90, the applicant was furnished a general (under
honorable conditions) discharge and was credited with 2 years, 5
months, and 17 days of total active service.
On 4 Sep 13, a request for post-service information was
forwarded to the applicant for review and response within
30 days (Exhibit C). In response, the applicant indicates that
after his discharge, he continued to work as a Firefighter/EMT
and also volunteered with various local fire departments. He
also obtained certification in Fire Technology from the local
community college. The applicants complete response, with
attachment, 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 an error or injustice. We took
notice of the applicant's complete submission, to include his
rebuttal response, 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.
________________________________________________________________
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-2012-05868 in Executive Session on 22 Oct 13, 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 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 4 Sep 13, w/atch.
Exhibit D. Letter, Applicant, undated, w/atch.
Panel Chair
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