AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00651
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has been discharged for over 20 years and hopes he has a
chance at an honorable discharge. He knows that when he served
alcohol to minors at a party, that it was wrong; however, he was
immature at the time and has since learned from his mistake. He
is a good upstanding citizen with a good family and job; and, is
pursuing a college degree. He is well known and volunteers in
his community, and is well-respected at his job. He would like
to apply for a home loan through the Department of Veterans
Affairs and feels an honorable discharge would make it easier.
In support of his appeal, the applicant provides three character
references.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
served as a Security Specialist and was promoted to the grade of
senior airman (E-4).
On 15 March 1990, the applicant was notified by his commander
that he was recommending the applicant for a general discharge
under the provisions of Air Force Manual 39-12, paragraph 5-47b,
for a pattern of misconduct. The commander cited the four
Letters of Reprimand (LOR), two Letters of Counseling (LOC) and
one verbal counseling the applicant received during the period of
22 February 1987 and 14 February 1990. The applicant
acknowledged receipt of the commander’s intent and after
consulting counsel, submitted a conditional waiver requesting an
honorable discharge in lieu of having a board of officers be
appointed to consider his separation from the service. On 14 May
1990, after the Acting Staff Judge Advocate considered the
applicant’s conditional release and recommended the commander
deny the applicant’s request for an honorable discharge as
inappropriate, the commander disapproved the applicant’s request
for a conditional waiver.
On 5 June 1990, the Acting Staff Judge Advocate found the case to
be legally sufficient. On 6 June 1990, the discharge authority
approved the applicant’s general discharge without probation or
rehabilitation.
The applicant was discharged from active duty in the grade of
senior airman effective 11 June 1990 with a general (under
honorable conditions) discharge. His narrative reason for
separation was “Misconduct-Pattern Conduct Prejudicial to Good
Order and Discipline. He served 7 years, 2 months, and 19 days
on active duty.
Pursuant to the Board’s request, the FBI indicated that on the
basis of the data furnished, they were unable to locate an arrest
record pertaining to the applicant.
_________________________________________________________________
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. 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
________________________________________________________________
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-2012-00651 in Executive Session on 20 September 2012,
under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-00651 was considered:
Exhibit A. DD Form 149, dated 9 Feb 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
3
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