DOCKET NUMBER: BC-2012-01969
COUNSEL: NONE
HEARING DESIRED: NO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
His character of service be changed from uncharacterized to
general on his DD Form 214, Certificate of Release or Discharge
from Active Duty.
________________________________________________________________
APPLICANT CONTENDS THAT:
During his time in the Air Force he served with integrity.
While at basic training, he scored above average on all
objectives and his training flight earned the accolade of “honor
flight.” While at technical training school, he served
faithfully and to the best of his abilities and, therefore,
would like the character of his discharge to be upgraded to
general.
In support of his request, the applicant submits a copy of his
DD Form 214.
The applicant’s complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on
18 April 1988.
On 18 July 1988 the commander notified him that she was
recommending him for discharge from the Air Force for entry
level performance and conduct, under the authority of Air Force
Regulation (AFR) 39-10, Administrative Separation of Airmen,
paragraph 5-22. The specific reason for the proposed action was
the applicant failed to make satisfactory progress in a required
training program as evidenced by his disenrollment from the
manpower and personnel training course on 8 July 1988.
On 18 July 1988, the applicant acknowledged receipt of the
commander’s intent to discharge him and waived his right to
consult counsel or submit statements on his own behalf.
“entry-level
an
performance”,
Subsequent to the file being found legally sufficient the
discharge authority approved the recommendation and directed the
applicant be discharged with an entry-level separation without
probation and rehabilitation. The applicant was discharged
effective 19 July 1988, with a narrative reason for separation
of
“uncharacterized”
characterization of service and was credited with 3 months and 2
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.
On 19 September 2012, a copy of the FBI Investigative report was
forwarded to the applicant along with a request for post service
documentation for review and comment within 30 days (Exhibit D).
In response, the applicant provided a statement indicating that
although he is currently incarcerated; he accomplished many
honorable and admirable things in his life following his
discharge from the Air Force. His first and most important
achievement was the birth of his daughter who is currently in
training to be a medic and hopes to become a surgeon. He put all
his energy into supporting his family by working various jobs and
following the American dream of buying a home. He served as
president of the PTA at his daughter’s elementary school while
also earning a certificate of completion in a statistical process
control course at a local community college. In the years after
his marriage he worked for four organizations including the
American Red Cross and consistently worked toward bettering
himself and his situation for his family’s sake.
Aside from his current and slight detour in his life, for which
he is unquestionably remorseful, he has tried to do the right
thing. It is for this reason that he is applying for clemency
and an upgrade of his character of discharge from the Air Force.
The applicant’s complete response, with attachments, 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.
Therefore, in the absence of evidence to the contrary we find no
basis to recommend granting the relief sought in this
application.
________________________________________________________________
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-2012-01969 in Executive Session on 27 November 2012, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 April 2012, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 19 September 2012.
Exhibit E. Letter, Applicant, dated 25 September 2012, w/atch.
Panel Chair
, Panel Chair
, Member
, Member
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