RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04107
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
As result of a physical altercation with his wife, he was
arrested and received nonjudicial punishment. He was scared and
accepted the discharge based on the advice he received from his
first sergeant.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 12 Nov 87, the applicant commenced his enlistment in the
Regular Air Force.
On 19 Mar 91, the applicants commander notified him he was
recommending his discharge from the Air Force for misconduct.
The reasons for the action were that he received a Letter of
Reprimand (LOR) for failing to report and non-judicial
punishment under Article 15 of the Uniform Code of Military
Justice (UCMJ) for physically assaulting his wife.
On 19 Mar 91, after consulting with legal counsel, the applicant
acknowledged receipt of the action and waived his rights to
submit a statement in his own behalf.
On 27 Mar 91, the applicant was furnished a general (under
honorable conditions) discharge and credited with 3 years,
4 months, and 16 days of total active service.
On 29 Mar 13, a request for post-service information was
forwarded to the applicant for review and 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 an 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 his service and narrative reason
for separation was contrary to the provisions of the governing
regulation, unduly harsh, or disproportionate to the offenses
committed. In the interest of justice, we also considered
upgrading the discharge based on clemency; however, in the
absence of any evidence related to his activities since leaving
the service, we are not inclined to recommend granting the
requested relief 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 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-2012-04107 in Executive Session on 14 May 13,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-04107 was considered:
Exhibit A. DD Form 149, dated 31 Aug 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 29 Mar 13, w/atch.
Panel Chair
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