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AF | BCMR | CY2012 | BC-2012-01828
Original file (BC-2012-01828.pdf) Auto-classification: Denied
  
 

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 

 

  
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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 

 
 
 

  
  
  

 
 
 

 
 
 

 
 
 

 
 
 

 
 
 

 

  
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