RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02662
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was young and made immature decisions which he regrets. He
makes no excuses for what he did, but can proudly say that he has
gone on to live a nice life. He and his wife have been married
for 25 years and raised two children together.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 2 Jun 87, the applicant entered active duty in the Regular Air
Force.
On 28 Jan 93, the applicant was notified by his squadron
commander that he was recommending his discharge from the Air
Force for misconduct-minor disciplinary infractions. The reasons
for the proposed action were: 1) On 30 Jun 92, he made and
uttered a bad check in the amount of $98.35; 2) On 17 Aug 92, he
was issued a Notification of Indebtedness letter for dishonored
checks in the amount of $177.38; 3) On 11 Sep 92, 2 Oct 92 and
5 Oct 92, he was involved in assaults with his wife. On 6 Oct
92, he was directed by his squadron commander to attend mandatory
Alternative to Violence classes; and 4) On 22 Jan 93, he received
an Article 15 for being disorderly and for unlawfully striking
his wife repeatedly on the back of her head and her back with his
fists.
On 3 Feb 93, the applicant acknowledged receipt of the
notification of discharge, consulted with legal counsel, and
waived his right to submit statements in his own behalf.
The base legal office reviewed the case and found it legally
sufficient to support separation. The discharge authority
approved the separation and directed a general (under honorable
conditions) discharge without probation and rehabilitation.
On 16 Feb 93, the applicant was discharged under the provisions
of AFR 39-10, Administrative Separation of Airmen, for
Misconduct-Pattern of Minor Disciplinary Infractions, and
received a general (under honorable conditions) discharge. He
served on active duty for a period of 5 years, 8 months and 15
days.
Pursuant to the request of the Board on 26 Jul 12, the Federal
Bureau of Investigation, Clarksburg, West Virginia, indicated on
30 Jul 12, that, on the basis of the data furnished, they were
unable to locate an arrest record.
On 17 Dec 12, a request for information pertaining to his post-
service activities was forwarded to the applicant for response
within 30 days (Exhibit C). As of this date, no response has
been received by this office.
_________________________________________________________________
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. We conclude,
therefore, that the discharge proceedings were proper and
characterization of the discharge was appropriate to the existing
circumstances. The only other basis upon which to consider
upgrade of his discharge would be clemency. In the interest of
justice, we considered upgrading the discharge based on clemency;
however, he provides no evidence concerning his post-service
accomplishments to warrant consideration on this 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 Docket Number
BC-2012-02662 in Executive Session on 14 Feb 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Jun 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBC, dated 17 Dec 12, w/atch.
Panel Chair
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