AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-02339
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
His general under honorable conditions discharge be upgraded to
honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
At the time of his discharge he had problems with substance
abuse. This clouded his judgment and hampered his ability to be
a successful airman.
The applicant provides no supporting documentation.
The applicant’s complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 15 May 1989.
On 12 March 1990, he was notified of his commander’s intent to
discharge him from the Air Force for misconduct: minor
disciplinary infractions. Specifically, the applicant received
two Letters of Reprimand, two Letters of Counseling and three
Memorandums of Record. The applicant acknowledged his
commanders intent, his right to consult counsel and to submit
matters. The applicant consulted counsel; however, he declined
to submit a statement on his behalf. On 16 March 1990, the
staff judge advocate found the case legally sufficient. The
applicant was separated with a general, under honorable
conditions discharge. He was credited with 10 months and
25 days of active duty service.
Pursuant to the Board’s request, the Federal Bureau of
Investigation, Clarksburg, West Virginia provided a copy of an
investigation report (Exhibit C).
On 24 October 2012, the FBI investigation and a request for
post-service information were forwarded to the applicant for
response within 30 days. As of this date, no response has been
received by this office (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 during the discharge process. 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, or unduly harsh. In the
interest of justice, we considered upgrading the applicant’s
discharge on the basis of clemency, however, there was no
evidence submitted to compel us to recommend granting the
request 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
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 BCMR Docket Number
BC-2012-02339 in Executive Session on 27 November 2012, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-02339 was considered:
Exhibit A. DD Form 149, dated 24 May 12.
, Panel Chair
, Member
, Member
2
Exhibit B. Applicant’s Master Personnel Record.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, SAF/MRBC, dated 24 Oct 12.
Panel Chair
3
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