DOCKET NUMBER: BC-2012-00369
COUNSEL: NONE
HEARING DESIRED: NO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He had no understanding about the effects of alcohol. He was
discharged without being provided any type of intervention or
determination regarding his problem. He was and still is an
alcoholic. He served his country with honor and would like his
discharge upgraded for medical reasons.
The applicant’s complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force, on 26 Aug 81,
for a period of four years.
On 12 Oct 84, the squadron commander notified the applicant of
administrative discharge action for a pattern of misconduct.
The specific reasons for the proposed action were: 1) on or
about (o/a) 15 Oct 83, the applicant received an Article 15 for
being drunk on station and communicating a threat; 2) o/a 12 Jul
84, he received a Letter of Reprimand (LOR) for making a profane
statement using profane language and failing to produce his ID
card when requested and willful attempt to damage government
property; 3) o/a 5 Sep 84, he appeared before civil court for a
charge of driving under the influence (DUI). For this offense,
he was ordered into 36 months summary probation, ordered to pay
a fine of $663.00 and an administrative fee of $30.00 to be paid
in increments of $50.00 a month. Also, to serve 20 hours with
the county adult work program and to observe good conduct/obey
all laws/have no similar offenses, not drive unless legally
licensed and insured/not drive within six hours of consuming an
alcoholic beverage, and to enroll within five days in DUI
school and complete the school within 90 days.
After consulting with counsel, he submitted statements in his
own behalf. The Staff Judge Advocate found the case file
legally sufficient to support separation and recommended a
general discharge, without probation and rehabilitation (P&R).
The discharge authority approved the general discharge, without
P&R.
On 6 Nov 84, the applicant was discharged under the provisions
of AFM 39-10, by reason of misconduct – pattern discreditable
involvement with military and civilian authorities, with service
characterized as general (under honorable conditions). He was
credited with 3 years, 2 months, and 11 days of active duty
service.
The applicant appealed to the Air Force Discharge Review Board
(AFDRB) to have his discharge upgraded; however, the AFDRB
denied his application. They concluded the discharge was
consistent with the procedural and substantive requirements of
the discharge regulation, was within the discretion of the
discharge authority, and the applicant was provided full
administrative due process (see AFDRB Hearing Record at
Exhibit B).
________________________________________________________________
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 during the discharge process. 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 his discharge on the basis of
clemency; however, considering his overall record of service,
the seriousness of the offenses which led to his administrative
separation, the earlier decision of the AFDRB, and the lack of
post-service documentation, we are not persuaded that an upgrade
of the characterization of his discharge is warranted.
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 AFBCMR Docket
Number BC-2012-00369 in Executive Session on 2 August 2012,
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.
Panel Chair
3
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