AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00016
COUNSEL: NO
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge was the result of a misunderstanding.
The applicant did not provide any documentation in support of
his request.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 31 Mar 92, the applicant enlisted in the Regular Air Force.
On 27 Sep 94, the applicant was notified of his commander’s
intent to recommend his discharge from the Air Force under the
provisions of AFR 39-10, Administrative Separation of Airmen for
a pattern of misconduct. The applicant acknowledged receipt of
the notification of discharge. The specific reason for the
proposed action was:
Between 21 Apr 93 and 7 Sep 94, the applicant had one
instance of disorderly conduct; one instance of voluntarily
riding in a vehicle being driven by an individual who was under
the influence of alcohol; one instance of AFR 35-10, Dress and
Personal Appearance of Air Force Personnel violation, and one
instance of failing to report to the Senior Enlisted Advisor
when asked to. For these instances of misconduct, the applicant
received two letters of reprimand (LOR) and an Article 15,
Uniform Code of Military Justice (UCMJ).
The applicant after consulting with counsel elected to waive his
right to submit a statement on his own behalf.
On 5 Oct 94, the Staff Judge Advocate (SJA) reviewed the case
and found it legally sufficient to support a discharge and
recommended that he receive a general (under honorable
conditions) discharge without probation and rehabilitation.
On 6 Oct 94, the discharge authority approved the applicant’s
discharge. On 21 Oct 94, the applicant was discharged with
service characterized as general (under honorable conditions) in
the grade of airman first class. He served 2 years, 6 months
and 21 days of total active service.
_________________________________________________________________
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 in judging the
merits of the case; however, we find no evidence of an error or
injustice that occurred in the discharge process. Based on the
available evidence of record, it appears the applicant's
general, under honorable conditions discharge for misconduct was
consistent with the substantive requirements of the discharge
regulation and within the discharge authority's discretion. He
has provided no evidence which would lead us to believe
otherwise. We considered upgrading the discharge based on
clemency; however, in view of the lack of any evidence regarding
the applicant's activities since leaving the service, we find no
basis to recommend granting the relief sought on that basis.
However, should the applicant decide to submit documentation
related to his post-service activities, we may be inclined to
reconsider his request based on new evidence. Therefore, in the
absence of evidence to the contrary, there is no basis for us to
recommend 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.
_________________________________________________________________
2
Panel Chair
Member
Member
The following members of the Board considered Docket Number
BC-2012-00016 in Executive Session on 5 Nov 12, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit B. Applicant’s Master Personnel Record.
Panel Chair
Exhibit A. DD Form 149, dated 5 Jan 12.
3
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