AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00222
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:
An upgrade to his discharge was required under President
Carter’s administration.
In support of his request, the applicant provides a copy of his
DD Form 215, Correction to DD Form 214, Certificate of Release
or Discharge from Active Duty.
His complete submission, with attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 15 Nov 1976, the applicant enlisted in the Regular Air Force.
On 22 Aug 1979, his commander notified him he was recommending
he be discharged under the provisions of AFM 39-12, Separation
for Unsuitability, Unfitness, Misconduct, Resignation, or
Request for Discharge for the Good of the Service and Procedures
for the Rehabilitation. The reason for this action was his
apathetic and defective attitude towards maintaining the
prescribed standards of military deportment. In 1979, there
were infractions of financial irresponsibility, frequent
involvement with civil and military authorities, destruction of
government property, unsanitary habits and an Article 15 for
failure to go. Specific infractions were as follows:
On 22 Aug 1979, the applicant acknowledged receipt of the
discharge notification.
On 14 Sep 1979, the Staff Judge Advocate (SJA) found the
discharge legally sufficient.
On 20 Sep 1979, the applicant was discharged from the Air Force,
with a general (under honorable conditions) discharge. He
served 2 years, 10 months, and 6 days of total active service,
which excludes 4 days of lost time.
On 17 Dec 1989, the applicant submitted a request to the Air
Force Discharge Review Board (AFDRB) for an upgrade to his
discharge.
On 24 Aug 1990, the AFDRB considered his application and
concluded a change in the type or nature of his discharge was
not warranted and his application was denied. Additionally,
while reviewing his military personnel records, the AFDRB
discovered that some of his service dates were erroneously
entered on his DD Form 214. The AFDRB issued the applicant a
DD Form 215 reflecting the administrative correction of the
data.
Pursuant to the Board’s request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report
(Exhibit C).
On 24 Aug 2012, a copy of the FBI report 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 error or injustice. 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 in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
2
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 this application
in Executive Session on 4 Oct 2012, under the provisions of AFI
36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered in AFBCMR BC-
2012-00222:
Exhibit A. DD Form 149, dated 14 Jan 2012, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 9 Aug 2012.
Exhibit D. Letter, AFBCMR, dated 24 Aug 2012.
Panel Chair
3
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