COUNSEL: NONE
HEARING DESIRED: NO
DOCKET NUMBER: BC-2012-01828
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 was disabled during his service. At the time he was
discharged it was easier to go with a general (under honorable
conditions) discharge. He is now 30 percent service disabled
and at age 55 is back in the labor market.
In support of his request, the applicant submits post-service
letters of appreciation and recognition certificates, documents
extracted from his military personnel record, a criminal history
transcript dated 27 January 1993, a work history resume, and a
copy of his Community College of the Air Force (CCAF)
transcript.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 26 June 1981
and was progressively promoted to the grade of Airman First
Class (A1C), E-3, with a date of rank of 26 December 1981.
On 20 September 1983, the applicant’s commander notified him
that he was recommending him for discharge from the Air Force
for minor disciplinary infractions, under the authority of Air
Force Regulation (AFR) 39-10, Administrative Separation of
Airmen; paragraph 5-46. The specific reason for the proposed
action was; the applicant was involved in two motorcycle
accidents; a work related safety violation; improper maintenance
repair actions; and negligence in the performance of his duties.
As a result, the applicant received four letters of counseling.
Additionally, a psychiatric evaluation of the applicant
indicated he had self-induced substance delusional disorder.
On 20 September 1983, the applicant acknowledged receipt of the
notification of discharge and his right to consult counsel, and
submit statements on his own behalf. On 6 October 1983, the
applicant opted to consult counsel and waived his right to
submit statements on his behalf.
On 14 October 1983, the request for discharge was approved,
subsequent to the file being found legally sufficient. The
discharge authority directed the applicant be discharged with a
general (under honorable conditions) characterization of service
without probation and rehabilitation. The applicant was
released from active duty on 25 October 1983 and was credited
with 2 years and 6 months of active duty service.
Pursuant to the Board's request, the FBI was unable to identify
an arrest record on the basis of information furnished.
regarding
his
comments
post-service
On 19 September 2012, the applicant was given an opportunity to
submit
activities
(Exhibit C).
In response, the applicant provided a handwritten note, on the
bottom of the AFBCMR letter sent to him on 19 September 2012,
with the request to “please run with the information he has
already provided.”
The applicant’s complete response is at 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 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. In the interest of
2
justice, we considered upgrading the discharge based on clemency
and considered the applicant's overall post-service activities
and accomplishments; however, the evidence submitted was not
sufficient to compel us to recommend granting the relief sought
on that basis. Therefore, we find no basis upon which to
recommend relief.
________________________________________________________________
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 this application
BC-2012-01828, in Executive Session on 1 November 2012, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 April 2012, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 19 September 2012.
Exhibit D. Letter, Applicant, not dated.
Panel Chair
, Panel Chair
, Member
, Member
3
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