AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
7. Theft of gasoline from AAFES, on or about 11 Jun 81.
DOCKET NUMBER: BC-2012-00129
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 was told his discharge would automatically be upgraded six
months after his discharge.
The applicant’s complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Air Force on 27 Jul 79.
On 28 Apr 83, his commander notified the applicant that he was
recommending his discharge due to misconduct. The reason for
this action was a pattern of misconduct prejudicial to good
order and discipline, to include:
1. Use of marijuana, between 1 Aug 82 and 30 Sep 83.
2. Dereliction of duty--willful failure to report
marijuana use by other Air Force members, between 1 Mar 82 and
30 Sep 82.
14 Jan 83 and 9 Jan 83.
6 Apr 82.
4. Disobedience of a lawful order, on or about 3 May 82.
5. Failure to report to duty, on or about 14 Apr 82.
6. Unauthorized absence from place of duty, on or about
3. Dishonored checks issued to AAFES, on or about
8. Dishonored check issued to AAFES, on or about 6 Aug 80.
9. Dishonored check issued to the NCO Open Mess, on or
about 24 Jul 80.
The applicant acknowledged his right to consult with counsel and
submit statements in his own behalf, but declined to do so. On
28 Apr 83, his commander recommended him for discharge due to a
pattern of misconduct prejudicial to good order and discipline.
On 10 May 83, the case was determined to be legally sufficient
and, on 12 May 83, the discharge authority directed the
applicant be discharged with a General (Under Honorable
Conditions) discharge without probation and rehabilitation.
On 17 May 83, the applicant was furnished a General (Under
Honorable Conditions) Discharge for misconduct—a pattern of
misconduct prejudicial to good order and discipline and credited
with 3 years, 9 months, and 21 days of service.
Pursuant to the Board’s request, the Federal Bureau of
Investigation (FBI) indicated they were unable to locate an
arrest record based on the information available.
On 1 Jun 12, a request for post-service information was
forwarded to the applicant for review and comment within 30 days
(Exhibit C).
In response, the applicant provides an expanded statement and
two character reference letters. He states his reason for
discharge was that he rode in a van with two airmen who were
smoking marijuana, but he did not report them because he was
taught not to be an informant. Since his discharge he worked
for 12 years building roadways, for 15 years as a
welder/fabricator in a tool and machine operation where he
worked his way up to foreman, was a Boy Scout leader for seven
years, a deacon and trustee at his church, and has been a board
member for two low income senior citizen homes for 12 years. He
has turned his life around completely since his discharge, and
feels the Air Force instilled many of the values and morals that
he lives by today.
The applicants’ complete response, with attachments. 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.
2
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 on the basis of
clemency; however, we do not find the evidence presented is
sufficient for us to recommend granting the relief sought on
that basis at this time. In view of the foregoing, and in the
absence of evidence to the contrary, we conclude that no basis
exists to grant the relief sought in this application.
________________________________________________________________
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 the
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-00129 in Executive Session on 7 Aug 12, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Jan 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 1 Jun 12, w/atch.
Exhibit E. Letter, Applicant, undated, w/atchs.
Panel Chair
Member
Member
Panel Chair
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