RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03105
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to Honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was told his discharge would automatically be upgraded after
one year.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 23 Jul 81, the applicant commenced his enlistment in the
Regular Air Force.
On 26 Feb 86, the applicants commander notified him that he was
recommending his discharge from the Air Force for misconduct
conduct prejudicial to good order and discipline. The reasons
for the action included the applicants disrespectful behavior
to a noncommissioned officer for which he received non-judicial
punishment (NJP) under Article 15 of the Uniform Code of
Military Justice (UCMJ); driving while drunk for which he
received a vacation of suspended NJP; impersonating an agent of
superior authority and failure to go for which he received an
Article 15; failure to arrive back in the area in order to
receive sufficient rest for duty and late for duty for which he
received a Letter of Reprimand (LOR); failure to annotate vital
information for which he received a Record of Individual
Counseling (RIC); and failure to verify hourly tank sight gauge
readings for which he received a LOR.
On 26 Feb 86, the applicant acknowledged receipt of the
notification of discharge and, after consulting with legal
counsel, waived his right to submit a statement in his own
behalf.
On 12 Mar 86, the case was found to be legally sufficient and on
13 Mar 86, the discharge authority directed the applicant be
furnished a general discharge. On 17 Mar 86, the applicant was
furnished a general (under honorable conditions) discharge and
was credited with 4 years, 7 months, and 25 days of total active
service.
On 15 Jan 13, a request for post-service information was
forwarded to applicant for comment within 30 days. As of this
date, no response has been received by this office (Exhibit C).
________________________________________________________________
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 an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we find no evidence of an error or
injustice that occurred in the discharge process. Based on the
available evidence of record, it appears the applicants general
(under honorable conditions) discharge for pattern of misconduct
was consistent with the substantive requirements of the
discharge regulation and within the commanders discretionary
authority. He has provided no evidence which would lead us to
believe the characterization of his service was improper or
contrary to the provisions of the governing directive. In the
interest of justice, we considered upgrading the discharge based
on clemency; however, in the absence of any evidence related to
his post-service activities we find no basis to recommend
granting the relief sought on that basis. In view of the
foregoing, and in the absence of evidence to the contrary, we
conclude that no basis exists to upgrade the applicants general
(under honorable conditions) discharge.
________________________________________________________________
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 this
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-03105 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 10 Jul 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 15 Jan 13, w/atch.
Panel Chair
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