RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04907
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was told that his discharge would be automatically upgraded;
however, he has not received a copy of the discharge upgrade.
In support of his appeal, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, issued in conjunction with his 11 Mar 87 separation.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Prior to the events under review, the applicant reenlisted on,
6 Apr 84, for a period of six years.
On 2 Mar 87, the squadron commander notified the applicant of
administrative discharge action for minor disciplinary
infractions. For a full list of the offenses, please see the
commanders notification letter at Exhibit B. After consulting
with counsel and having been advised of his rights, the
applicant submitted a conditional waiver of the rights
associated with an administrative discharge board hearing if he
received no less than a general discharge. The staff judge
advocate found the case file legally sufficient and recommended
the conditional waiver be accepted and the applicant receive a
general discharge without probation and rehabilitation (P&R).
On 4 Mar 87, the discharge authority approved the general
discharge without P&R.
On 11 Mar 87, the applicant was discharged by reason of
misconduct pattern of minor disciplinary infractions, with
service characterized as general (under honorable conditions).
He was credited with 2 year, 11 months, and 6 days of active
duty service during this period, with seven years, three months,
and 1 day of prior active duty service.
Other relevant facts pertaining to this application, extracted
from the applicant's military records, are at Exhibit B.
Accordingly, there is no need to recite these facts in this
Record of Proceedings.
________________________________________________________________
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 during the discharge process. 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 applicants discharge on the
basis of clemency; however, considering his overall record of
service, the numerous infractions which led to his
administrative separation and the lack of post-service
documentation, we are not persuaded that an upgrade of the
characterization of his discharge is warranted on the basis on
this basis. Should the applicant provide additional
information, e.g., post-service documentation to support his
claim, we would be willing to reconsider his request.
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-2012-04907 in Executive Session on 6 Aug 13, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Oct 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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