RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02919
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded
to an Honorable discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was informed at the time of his discharge that he was to wait
at least six months and request an upgrade to an Honorable
discharge. He would like to have that done now.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Air Force on 6 Aug 67.
On 20 Dec 90, the applicants commander notified him he was
recommending he be discharged from the Air Force for
MisconductCommission of a Serious Offense, and recommended
the applicant for discharge. The reason for this action was
that on or about 17 Jun 90, he wrongfully appropriated
approximately 15 compact discs, a compact disc player, and
$30.00 in currency, the property of another Air Force member.
As a result, he was convicted in a Special Court-Martial on
14 Nov 90, was reduced in rank to Airman, forfeited $200.00 pay
per month for three months, and was held in confinement for
three months.
The applicant acknowledged receipt of his commanders
notification, consulted with legal counsel, and submitted
statements on his own behalf.
On 26 Dec 90, the case was determined to be legally sufficient,
and on 27 Dec 90, the discharge authority directed the applicant
be discharged with a characterization of service as General.
On 22 Jan 91, the applicant was issued a General (Under
Honorable Conditions) discharge certificate for Misconduct
Other Serious Offense.
On 4 Dec 12, a request for post-service information was
forwarded to the applicant for review and comment 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 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. Our authority to
provide relief of the applicants conviction by court-martial is
limited to clemency. Therefore, in the interest of justice, we
considered upgrading the discharge on the basis of clemency;
however, the applicant provided no evidence upon which we could
base a recommendation to grant the relief sought on that basis.
Therefore, in the absence of evidence to the contrary, we
conclude that no basis exists to grant the relief sought in this
application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with the
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-02919 in Executive Session on 28 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 26 Jun 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 4 Dec 12, w/atch.
Panel Chair
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