RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01723
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His official records be corrected to update his General (Under
Honorable Conditions) discharge to Honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
His General discharge was unfair because he was a juvenile both
when he was arrested and fraudulently enlisted.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Air Force on 30 Jul 85.
On 30 May 86, the applicants commander notified the applicant
he was recommending his discharge for fraudulent entry. The
commanders reasons for taking this action were:
a. On 22 Apr 85, during his initial entry process, the
applicant made a deliberate misrepresentation and concealed
facts that if known at the time of enlistment might have
resulted in rejection of his enlistment application.
b. On 22 Apr 85, the applicant signed a prepared
Department of Defense personnel security questionnaire stating
that he had never been arrested, charged, or cited by federal,
state, or other law enforcement or juvenile authorities.
c. On 4 Feb 84, the applicant had been arrested for theft
by shoplifting and on 8 Sep 84, the applicant had been arrested
for theft and obstruction (resisting arrest).
On 30 May 85, the applicants commander recommended him for
discharge.
On 23 Jun 86, the case was found to be legally sufficient and,
on 11 Jul 86, the discharge authority directed the applicant be
furnished a General Discharge without being offered probation or
rehabilitation.
On 21 Jul 86, the applicant was furnished a General (Under
Honorable Conditions) discharge for defective enlistment
fraudulent entry.
On 18 Oct 90, a Discharge Review Board (DRB) met to consider the
applicants request to upgrade his discharge to Honorable. The
DRB denied the applicants request finding that neither the
evidence of record nor that provided by the applicant
substantiated an inequity or impropriety which would justify a
change or discharge.
On 1 Oct 12, a request for post-service information was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by this
office (Exhibit C).
________________________________________________________________
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 an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we do not find the documentation
presented sufficient to conclude the applicant has been the
victim of an error or injustice. Based on the available
evidence of record, it appears the applicants General (Under
Honorable Conditions) discharge for defective enlistment
fraudulent entry was consistent with the substantive
requirements of the discharge regulation and within the
discharge authoritys discretion. He has provided no evidence
which would lead us to believe otherwise. In the interest of
justice, we considered upgrading his discharge on the basis of
clemency; however, in the absence of any evidence for us to
consider in determining whether his post-service, we are not
inclined to grant the relief sought on that basis. Therefore,
in the absence of evidence to the contrary, we conclude that no
basis exists for us to recommend granting the relief sought in
this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2012-01723 in Executive Session on 17 Jan 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 May 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 1 Oct 12.
Panel Chair
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