RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04364
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was unfairly treated at the time of his separation.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 19 May 94.
On 20 Aug 96, the applicants commander notified him that he was
recommending his discharge from the Air Force for minor
disciplinary infractions. The reasons for the action included a
Letter of Reprimand (LOR), for failure to go; nonjudicial
punishment (NJP) under Article 15 of the Uniform Code of
Military Justice (UCMJ) for failure to go and disobeying a
lawful order; Vacation of Suspended NJP for failure to go; a
Letter of Counseling (LOC) for failure to pay Temporary Lodging
Facility (TLF) bill; an LOR and Unfavorable Information File
(UIF) for driving under the influence, reckless driving and
underage drinking; and a LOC for being out of uniform, by not
wearing his hat outdoors.
On 20 Aug 96, the applicant acknowledged receipt of the
notification of discharge and after consulting with legal
counsel, submitted statements in his own behalf.
On 3 Sep 96, the case was found to be legally sufficient and on
5 Sep 96, the discharge authority directed the applicant be
furnished a general discharge, without probation and
rehabilitation. On 10 Sep 96, the applicant was furnished a
general (under honorable conditions) discharge and was credited
with 2 years, 3 months, and 22 days of total active service.
On 2 May 13, 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 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; however, in the absence of any documentation
related to the applicants activities since leaving the service,
we are not compelled 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-2012-04364 in Executive Session on 13 Jun 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Sep 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 2 May 13, w/atch.
Panel Chair
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