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AF | BCMR | CY2012 | BC-2012-05291
Original file (BC-2012-05291.txt) Auto-classification: Denied

RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05291
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded 
to honorable.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

During the contested time period he was young and immature.  He 
believes he was a victim of base closings and personnel 
reductions.  Because of his general discharge, he has been 
turned away for job opportunities.

In support of the applicant’s appeal, he provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty.

The applicant’s complete submission, with attachment, is at 
Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 20 January 
1989.

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 are as follows:

	  a.  On or about 29 June 1989, the applicant was derelict in 
the performance of his duties.  He failed to properly maintain 
his dormitory room according to inspection standards.

	  b.  The applicant did between on or about 27 June 1989 and 
3 July 1989, disobey AFR 35-10, by coming to work in a wrinkled 
and soiled uniform.

	  c.  The applicant did from on or about 11 July 1989 to 
14 July 1989, disobey an order by not getting his hair cut.

	  d.  The applicant did from on or about 10 August 1989 to on 
or about 12 August 1989, disobey an order by not getting his 
hair cut.  For this misconduct the applicant received a Letter 
of Reprimand (LOR).

	  e.  The applicant did on or about 24 August 1989 absent 
himself from his unit and did remain absent until 25 August 
1989.  For this misconduct the applicant received a LOR.

	  f.  The applicant did on or about 26 August 1989 fail to go 
to his appointed place of duty.  For this misconduct the 
applicant received a LOR.

	  g.  The applicant did on or about 5 September 1989 make a 
false statement with the intent to deceive.  For this misconduct 
the applicant received nonjudicial punishment under Article 15.

	  h.  The applicant did on or about 5 September 1989, 
unlawfully alter a public record.  For this misconduct the 
applicant received nonjudicial punishment under Article 15.

	  i.  The applicant did from on or about 12 September 1989 to 
26 September 1989, fail to meet standards in Correctional 
Custody.

He was advised of his rights in this matter.  In a legal review 
of the case file, the staff judge advocate found the case 
legally sufficient and recommended discharge.  The discharge 
authority concurred with the recommendation and directed the 
applicant be discharged.  The applicant was discharged on 13 
October 1989 with a general discharge.  He served 8 months and 
24 days on active duty.

________________________________________________________________
_

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.  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, or unduly harsh.  In the interest 
of justice, we considered upgrading the discharge based on 
clemency; however, in the absence of evidence by the applicant 
attesting to a successful post-service adjustment in the years 
since his separation, we are not inclined to extend clemency at 
this time.  However, the Board is willing to reconsider the 
applicant’s request and have included an Information Bulletin to 
assist the applicant in submitting a future request.

________________________________________________________________
_

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-2012-05291 in Executive Session on 13 August 2013, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 22 October 2012, w/atch.
  Exhibit B.  Applicant’s Master Personnel Records.





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