RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04766
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His character of service on his DD Form 214, Certificate of
Release or Discharge from Active Duty, be changed from general
to honorable or uncharacterized.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged for committing minor disciplinary infractions,
such as, being late and financial irresponsibility. He was not
an airman who broke the law. He needs his character of service
changed to allow him to seek employment as a police officer.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 20 Feb 86, the applicant enlisted in the Regular Air Force.
On 10 Jul 90, the applicants commander notified him he was
recommending his discharge from the Air Force for misconduct.
The reasons for the discharge action were he received three
Letters of Reprimand (LORs) for financial irresponsibility,
unsatisfactory duty performance, one letter of counseling (LOC)
for unsatisfactory duty performance, an Article 15 for being
late for duty, and a vacation of suspended punishment (reduction
to the rank from senior airman to airman first class) for
failure to pay a debt.
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 19 Jul 90, a legal review was conducted and the staff judge
advocate found the case legally sufficient to support separation
and recommended discharge with a general discharge without
probation and rehabilitation.
On 22 Jul 90, the discharge authority directed the applicant be
furnished a general (under honorable conditions) discharge and
he was discharged on 26 Jul 90 and credited with four years,
three months, and seven days of active service.
On 8 May 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 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.
________________________________________________________________
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-2012-04766 in Executive Session on 25 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 9 Oct 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 8 May 13, w/atch.
Panel Chair
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