RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04250
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His misconduct was an isolated incident and during that time he
was very immature.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 16 March 1982.
The applicant was notified by his commander of his intent to
recommend that he be discharged from the Air Force under the
provisions of AFR 39-10. The specific reasons were as follows:
a. In July 1983, the applicant received notification of a
dishonored check from the AAFES.
b. The applicant received a Letter of Reprimand (LOR), dated
4 January 1984, for failure to obey lawful orders and regulations
regarding the misuse of a government vehicle.
c. The applicant received nonjudicial punishment under
Article 15 of the Uniform Code of Military Justice (UCMJ), dated
18 April 1984, for driving while intoxicated.
He was advised of his rights in this matter and elected not to
submit a statement on his own behalf. In a legal review of the
case file, the acting staff judge advocate found the case legally
sufficient and recommended discharge. The discharge authority
concurred with the recommendation and directed a general
discharge. The applicant was discharged on 21 June 1984. He
served 2 years, 3 months and 6 days on active duty.
On 26 March 2013, a request for information pertaining to his
post-service activities was forwarded to the applicant for review
and response within 30 days (Exhibit C). As of this date, this
office has received no response.
_________________________________________________________________
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, the applicant provides no evidence concerning his post-
service activities to warrant consideration 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 an 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-2012-04250 in Executive Session on 8 May 2013, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-04250 was considered:
Exhibit A. DD Form 149, dated 5 September 2012.
Exhibit B. ApplicantÂ’s Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 26 March 2013.
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