DOCKET NUMBER: BC-2012-00717
RECORD OF PROCEEDINGS
COUNSEL: NONE
HEARING DESIRED: YES
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:
When he entered the Air Force in 1995, he was very enthusiastic.
He was young and immature and made some poor decisions which led
to his separation from the military. His life has spiraled
since.
Over the past year, he has made some notable changes in his
life. He attended and graduated at the top of his class for
heating, air conditioning and refrigeration. He is now looking
for employment and an honorable discharge would help. It will
also allow him to receive his G.I. Bill.
In support of his appeal, the applicant submits a personal
statement, a statement from the Director of Education,
transcripts and certificates.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 9 February
1995. On 3 May 1996, the applicant was notified of his
commander’s intent to discharge him from the Air Force for
conduct prejudicial to good order and discipline and drug abuse.
Specifically, the applicant received two Article 15s, a Letter
of Reprimand and two Letters of Counseling. The applicant
consulted counsel and submitted matters on his behalf. On
20 May 1996, the staff judge advocate found the discharge
legally sufficient. On 20 May 1996, the commander directed the
applicant be separated with a general (under honorable
conditions) discharge. His narrative reason for discharge was
1
listed as misconduct. He was credited with 1 year, 3 months and
20 days of active duty service.
Pursuant to the Board’s request, the Federal Bureau of
Investigation, Clarksburg, West Virginia provided a copy of an
investigation report (Exhibit C).
On 25 June 2012, the FBI investigation and a request for post-
service information were forwarded to the applicant for response
within 30 days. As of this date, no response has been received
by this office (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.
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, or unduly harsh.
Additionally, due to the lack of evidence of a successful post-
service adjustment and in view of the information contained in
the FBI investigative report, we do not find it would be in the
interest of justice to upgrade his discharge on the basis of
clemency. Therefore, in the absence of evidence to the
contrary, we find no basis upon which to recommend granting the
relief sought.
4. The applicant’s case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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
2
Panel Chair
Member
Member
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-2012-00717 in Executive Session on 31 July 2012, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Feb 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, AFBCMR, dated 25 Jan 12.
Panel Chair
3
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