RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-03779
		COUNSEL:  NONE
	                  	HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded 
to honorable.  

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APPLICANT CONTENDS THAT:

He wants any issues concerning his discharge status resolved so 
he can proudly say he served his country.  He would like to 
return to military service in the Guard or Reserve.  He would 
appreciate the opportunity to present his case in person to the 
Board and is willing to travel in order to do so.  

The applicant's complete submission, with attachments, is at 
Exhibit A.

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STATEMENT OF FACTS:

The applicant is a former member of the Regular Air Force who 
entered active duty on 1 August 2001.  

On 28 April 2004, the applicant was notified of his commander’s 
intent to recommend him for discharge for Misconduct: Minor 
Disciplinary Infractions, under the provisions of Air Force 
Program Directive 36-32 and Air Force Instruction 36-3208, 
paragraph 5.4.  The commander’s specific reasons for the action 
where the applicant had received one Article 15 for dereliction 
of duty in that he failed to refrain from consuming alcohol 
while under the age of 21; two Letters of Reprimand (LORs) for 
underage drinking and a civil arrest for not using a turn 
signal, driving under the influence of alcohol, and refusing to 
submit to a blood alcohol test; an Unfavorable Information File 
(UIF), and a counseling record between 19 September 2002 and 9 
April 2004.  

The applicant acknowledged his commander’s intent, consulted 
counsel, and submitted a statement in his own behalf.  The base 
legal office reviewed the case and found it to be legally 
sufficient to support a basis for discharge.  The discharge 
authority approved the separation and directed the applicant be 
discharged with a general (under honorable conditions) 
characterization of service.  

The applicant was discharged from active duty in the grade of 
airman first class (E-3) effective 14 May 2004 with a general 
(under honorable conditions) discharge.  He served 2 years, 
9 months, and 14 days on active duty.  

On 5 June 2006, the Air Force Discharge Review Board (AFDRB) 
considered and denied the applicant’s request to upgrade his 
characterization of discharge from general to honorable and to 
change his reentry code.  

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AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  DPSOR states that based on the 
documentation in the master personnel records, the discharge, to 
include his character of service, was consistent with the 
procedural and substantive requirements of the discharge 
instruction and was within the discretion of the discharge 
authority.  The applicant did not provide any evidence of an 
error or injustice that occurred in the discharge processing.  

The complete DPSOR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He does not have any physical evidence justifying his request 
for a change in discharge status; however, he could provide a 
list of names of members who received honorable discharges that 
participated in illegal acts.  He wishes to have a formal 
hearing so he can explain what happened in person.  He is not 
justifying his actions, as he knows many of them were due to his 
own bad judgment; however, he feels that his words have been 
twisted around and that he has not been allowed to fully explain 
his side of the story.  He does agree with the military’s 
decision to reprimand him on some occasions, but he does not 
agree with the discharge characterization he was given.  

The applicant’s complete rebuttal is at Exhibit E.  

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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.  In the interest of 
justice, we considered upgrading the discharge based on clemency; 
however, we do not find the evidence presented is sufficient to 
compel us to recommend granting the relief sought on that basis.  
Therefore, in the absence of evidence to the contrary, we find no 
basis upon which to recommend granting the relief sought

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.

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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.

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-03779 in Executive Session on 18 June 2013, under 
the provisions of AFI 36-2603:

	                   , Panel Chair
	                   , Member
	                   , Member



The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-03779 was considered:

Exhibit A.  DD Form 149, dated 21 Aug 12, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Letter, AFPC/DPSOR, dated 10 Oct 12.
Exhibit D.  Letter, SAF/MRBR, dated 23 Oct 12.
Exhibit E.  Letter, Applicant, dated 18 Nov 12.




									                     
									Panel Chair
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