DOCKET NUMBER: BC-2012-01722
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) characterization of
service be upgraded to honorable with full benefits.
________________________________________________________________
APPLICANT CONTENDS THAT:
He feels that he should be granted an honorable discharge
because he has grown wiser after his discharge from the Air
Force.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty and a letter of recommendation from his pastor.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 2 March 1983.
On 23 July 1984, the applicant was notified by his commander
that he was recommending him for discharge from the Air Force
under the authority of Air Force Regulation (AFR) 39-10
Administrative Separation of Airmen, paragraph 5-49d, for
commission of a serious offense in the form of larceny. The
reason for this action was because on or about 22 June 1984 the
applicant committed larceny of private property for which he
received an Article 15 on 6 July 1984. The punishment imposed
was forfeiture of $100.00 per month for two months, restriction
to the limits of the base for a period of 30 days, and
correctional custody for seven days.
On 23 July 1984, the applicant acknowledged receipt of the
notification of discharge and was advised of his right to
consult counsel and submit statements on his own behalf for
consideration. He opted to consult counsel and submit a
statement on his behalf.
Subsequent to the file being found legally sufficient, the
discharge authority approved the separation and directed the
applicant be discharged with a general (under honorable
conditions) characterization of service without probation and
rehabilitation.
The applicant was discharged from active duty on 14 August 1984,
and was credited with 1 year, 5 months, and 13 days of active
duty service.
Pursuant to the Board’s request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report
which is at Exhibit C.
A copy of the FBI Investigative Report was forwarded to the
applicant on 27 September 2012, along with a request for post-
service documentation for review and comment within 30 days
(Exhibit D). To date, this office has not received a 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. 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,
there was insufficient evidence submitted 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.
________________________________________________________________
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
, 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 this application
in Executive Session on 27 November 2012, under the provisions
of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-01163 was considered:
Exhibit A. DD Form 149 dated 13 March 2012.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR dated 27 September 2012, w/atchs.
Panel Chair
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