RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03695
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was coerced into accepting a discharge for the convenience of
expediting the process of getting on with the rest of his life.
He believes an upgrade of his discharge is warranted because his
record clearly shows that he served his country with honor and
wishes to be able to serve if called upon.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 9 September 1985.
On 5 August 1987, the applicants commander notified him that he
was recommending his discharge from the Air Force for Misconduct
- Minor Disciplinary Infractions. The specific reasons for the
action were as follows:
a) On 23 January 1987, the applicant received a Letter of
Counseling (LOC) for dereliction of duty.
b) On 26 February 1987, the applicant received a LOC for
disobeying a direct order.
c) On 24 April 1987, the applicant received a LOC for
failure to report to duty.
d) On 4 June 1987, the applicant received a Letter of
Reprimand for failure to maintain his dormitory room in
accordance with Air Force standards.
e) On 15 July 1987, a clinical interview and psychological
testing revealed the applicant had some maladaptive personality
traits. These traits were not severe enough to warrant a
diagnosis of a Personality Disorder; however, a recommendation
was made that he be considered for administrative separation.
He stated that he disliked the military service, and would like
to get out of the Air Force as soon as possible.
f) On 16 July 1987, the applicant received non-judicial
punishment (NJP) under Article 15 of the Uniform Code of
Military Justice (UCMJ) for failure to go.
On 5 August 1987, the applicant acknowledged receipt of the
action and, after consulting with legal counsel, waived his
right to submit a statement in his own behalf.
The case was found to be legally sufficient and, on 17 August
1987, the discharge authority directed the applicant be
furnished a general discharge, without probation and
rehabilitation. On 19 August 1987, the applicant was furnished
a general (under honorable conditions) discharge and was
credited with 1 year, 11 months, and 1 day of total active
service.
On 23 August 1988, the Air Force Discharge Review Board (AFDRB)
considered the applicants request to upgrade his discharge to
honorable and change his narrative reason for separation to
unhappy service member and concluded that the discharge was
consistent with the procedural and substantive requirements of
the discharge regulation, was within the discretion of the
discharge authority, and the applicant was provided full
administrative due process.
On 23 April 2013, 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 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 Misconduct Minor
Disciplinary Infractions 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 the applicants activities
since leaving the service, 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-2012-03695 in Executive Session on 23 May 2013, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 July 2012.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 23 April 2013, w/atch.
Panel Chair
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