RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03445
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions discharge be upgraded to
honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
His supervisor felt that he did not apply himself to the
fullest. He tried to have his job upgraded; however, a captain
singled him out for some reason. He received an Article 15 and
was sent to correctional custody for three days. He experienced
physical and mental abuse by this captain.
He served his country well. He has been involved with his local
church for years. He served on the usher board, mens counsel
and youth activities. He works for retired and elderly people
in the community assisting them with necessities and providing
care.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 3 October
1980. On 25 June 1982, he was notified of his commanders
intent to discharge him from the Air Force for his inability to
expend his efforts constructively. Specifically, the applicant
received two Article 15s, one Letter of Reprimand, three Records
of Counseling and he failed his end of course test on two
occasions. The applicant acknowledged the action, his right to
consultation and to submit matters. The applicant received
consultation and submitted a statement on his behalf. On 9 July
1982, the staff judge advocate found the case legally
sufficient. The applicant was separated with a general, under
honorable conditions discharge on 14 July 1982. He was credited
with 1 year, 3 months and 12 days of active duty service.
On 3 January 2013, a request for post-service information 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 applicants 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 applicants
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-2012-03445 in Executive Session on 14 March 2013, under the
provisions of AFI 36-2603:
Vice Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-03445 was considered:
Exhibit A. DD Form 149, dated 5 Jul 12.
Exhibit B. Applicants Master Personnel Record.
Exhibit C. Letter, SAF/MRBC, dated 3 Jan 13.
Vice Chair
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