RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05564
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His general (under honorable conditions (UHC)) discharge be
upgraded to honorable.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
His discharge should be upgraded because it has been almost
30 years since the pattern of minor disciplinary infractions
occurred. He has since graduated from Embry Riddle Aeronautical
University with a Bachelor of Science and is currently a
licensed real estate agent.
In support of his request, the applicant provides copies of his
degree certificates.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant received a general (UHC) discharge on 12 Oct 83.
The applicantÂ’s commander notified him that she was recommending
him for discharge for minor disciplinary infractions. The
specific reasons were for being disrespectful toward his
supervisor; derelict in performing his duties; disobeying a
lawful order; and for failing to go to his place of duty. He
acknowledged receipt of the discharge notification and submitted
statements in his own behalf. After a legal review, the Staff
Judge Advocate found his case legally sufficient and he was
discharged on 12 Oct 83.
________________________________________________________________
_
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 his service was contrary to the
provisions of the governing regulation, unduly harsh. In the
interest of justice, we considered upgrading the discharge based
on clemency; however, we do not find the evidence presented
sufficient 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.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
_
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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-2012-05564 in Executive Session on 4 Sep 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence for Docket Number BC-2012-
05564 was considered:
Exhibit A. DD Form 149, dated 27 Nov 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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