AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00246
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 young and immature when he was discharged and he has
since developed and matured.
He was not aware he could request a discharge upgrade until he
spoke with a Veterans Service Officer.
In support of his request he provides copies of his DD Form 214,
Certificate of Release or Discharge from Active Duty; and VA
Forms 21-4108, Statements in Support of Claim.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 3 Aug 1978, the applicant enlisted in the Regular Air Force.
On 6 Jun 1980, 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 Program, for his frequent involvement of a
discreditable nature with military authorities. This is
documented by:
Assault.
Stealing.
Possession of Marijuana.
Article 15, 24 Apr 1979, Violation of Article 128, UCMJ,
Article 15, 10 Jan 1980, Violation of Article 121, UCMJ,
Article 15, 14 May 1980, Violation of Article 134, UCMJ,
On 6 Jun 1980 and 9 Jun 1980, the applicant acknowledged receipt
of the discharge notification.
On 19 Jun 1980, he was interviewed by the appointed evaluation
officer. The evaluation officer recommended the applicant be
discharged and be given a general discharge and that his request
for an upgrade to honorable be considered due to his excellent
on duty work record.
On 24 Jun 1980, the Staff Judge Advocate found the discharge
legally sufficient.
On 27 Jun 1980, the applicant was discharged from the Air Force,
with a service characterized as general (under honorable
conditions). He served 1 year, 10 months and 25 days of total
active service.
Pursuant to the Board's request, the Federal Bureau of
Investigation (FBI), Washington, D.C., provided an investigative
report at Exhibit C.
On 19 Jun 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, this office has received no response.
________________________________________________________________
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 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 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.
2
________________________________________________________________
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 this application
in Executive Session on 14 Aug 2012, under the provisions of AFI
36-2603:
The following documentary evidence was considered in AFBCMR BC-
2012-00246:
Exhibit A. DD Form 149, dated 13 Jan 2012, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 28 Feb 2012.
Exhibit D. Letter, AFBCMR, dated 19 Jun 2012.
Panel Chair
Panel Chair
Member
Member
3
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