AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
ERECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00053
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He would like his discharge upgraded to allow his family the
opportunity to utilize his Department of Veterans Affairs (DVA)
medical benefits.
In support of his request, the applicant provides a copy of 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:
On 25 Jul 80, the applicant contracted his enlistment in the
Regular Air Force. He served as an Apprentice Food Service
Specialist.
On 6 Aug 81, the applicant’s commander notified him that he was
recommending his discharge from the Air Force for misconduct –
frequent involvement of a discreditable nature. The specific
reasons for the discharge action were that he received two
Article 15s for failure to go, a Notification of Intent to Vacate
Suspended Punishment for a dormitory violation, a Letter of
Reprimand (LOR) for failure to go and departing his place of duty
without proper authority, three Record of Counselings,
Statements, and a memorandum for record (MFR) for being late for
duty.
His commander advised him of his rights in this matter and on
6 Aug 81, he acknowledged receipt of the notification for
discharge.
a
general
without
probation
discharge
On 7 Aug 81, an evaluation officer was appointed to evaluate the
applicant’s case. On 21 Aug 81, the evaluation officer
interviewed the applicant, reviewed his records and case file.
On 24 Aug 81, the evaluation officer recommended the applicant be
furnished
and
rehabilitation.
On 26 Aug 81, the legal office found the case to be legally
sufficient and, on 28 Aug 81, the discharge authority directed
the applicant be furnished a general discharge. He was so
discharged on 11 Sep 81 and was credited with 1 year, 1 month,
and 17 days of active service.
Pursuant to the Board’s request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C.
On 11 Jun 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 (Exhibit D). 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 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 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 his service and narrative reason
for separation was contrary to the provisions of the governing
regulation, unduly harsh, or disproportionate to the offenses
committed. In the interest of justice, we also considered
upgrading the discharge based on clemency; however, the applicant
has not submitted evidence that shows a successful post-service
adjustment. Therefore, in the absence of evidence to the
contrary, we find no basis upon which to recommend granting the
relief sought.
_________________________________________________________________
2
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-2012-00053 in Executive Session on 26 Jul 12, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Jan 12, w/atch.
Exhibit B. Applicant's Master Military Personnel Records.
Exhibit C. FBI Investigative Report.
Exhigit D. Letter, AFBCMR, dated 11 Jun 12, w/atchs.
Panel Chair
Member
Member
Panel Chair
3
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