RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2011-05057
COUNSEL: NONE
HEARING DESIRED: YES
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
In May of 1983, he found a set of golf clubs after completing a
round of golf. Because it was after hours, he planned on
putting an advertisement in the base paper and posting them as
found on the golf course board. He did not have a set so he
used them. The owner of the clubs saw him using them and called
the police. He later purchased the clubs from the owner. He
explained what happened but later agreed to the loss of rank
during the Article 15 process. He thought that was the end of
it but later found out he was being discharged for
unsatisfactory performance.
He arrived at Minot AFB in January 1982. By February 1982, he
placed himself on second shift. He did the work and received a
only a satisfactory rating. He never received a write-up or was
told that any of his work was unsatisfactory. He believes the
discharge was additional punishment for the golf club incident.
He only agreed to the discharge because they were phasing out
his job and he did not want to go through the retraining
process. He also agreed because he and his wife were away from
home for the first time and wanted to go back home to spend more
time with their family.
He has been denied loan eligibility because he did not have
enough time in the service. He was told he would receive full
benefits.
In support of his request, the applicant provides a personal
statement and his DD Form 214, Certificate of Release or
Discharge from Active Duty.
The applicant’s complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 24 September
1981. On 8 June 1983, he was notified of his commander’s intent
to discharge him from the Air Force for unsatisfactory
performance. Specifically, the applicant received an
Article 15, a Letter of Reprimand and eight Records of
Counseling. The applicant acknowledged his right to counsel and
to submit a statement on his behalf. He consulted counsel and
submitted a statement. On 6 July 1983, the case was found
legally sufficient. On 11 July 1983, the commander approved the
applicant’s discharge. His service was characterized as general
(under honorable conditions). He was credited with serving
1 year, 9 months and 25 days of active duty service.
Pursuant to the Board’s request, the Federal Bureau of
Investigation, Clarksburg, West Virginia provided a copy of an
investigation report (Exhibit C).
On 14 March 2012, the FBI investigation and a request for post-
service information were forwarded to the applicant for response
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 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 during the discharge process. 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, or unduly harsh. We
considered upgrading the discharge based on clemency; however,
there was no evidence submitted to compel us to recommend
granting the relief sought on that basis. Therefore, in the
2
absence of evidence to the contrary, we find no basis upon which
to recommend granting the relief sought.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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 AFBCMR Docket
Number BC-2011-05057 in Executive Session on 17 May 2012, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Dec 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, SAF/MRBC, dated 14 Mar 12.
Panel Chair
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