RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00714
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (Under Honorable Conditions) characterization of
service be upgraded to Honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
The type of discharge he received was not a fair representation
of his service. He gave 4 years and 7 months of honorable
service to his country and his discharge should reflect the
same. During a very stressful period in his life he was faced
with problems that unfortunately resulted in his discharge from
the military. Even though this was a very difficult period for
him, the military did not offer any counseling to assist him in
coping with the issues he faced. Since he had to leave the
military, he accepted the discharge handed to him and was
informed by his superiors that, in time, he would be able to
upgrade to an honorable characterization of service. He is
making his request now.
In support of his request the applicant provided a personal
statement.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
1. According to documents extracted from his military personnel
record the applicant enlisted in the Regular Air Force on 29
November 1982. He served as an Aircraft Fuel Mechanic and was
progressively promoted to the grade of Senior Airman, E-4.
2. On 19 June 1987, the applicants commander notified him that
he was recommending him for discharge under the provisions of
Air Force Regulation 39-10, Discharge-Expiration of Enlistment
or Required Service and General Provisions, paragraph 5-46. The
specific reason for the discharge recommendation was minor
disciplinary infractions that were inconsistent with acceptable
Air Force standards evidenced by administrative actions received
for numerous incidences of financial irresponsibility, failure
to maintain housing standards, failures to report to duty on
time, child neglect, failure to report for mobility duty,
assault, breach of peace, disobeying order, delinquent NCO club
account, and assignment cancellation due to financial
difficulties.
3. On 19 June 1987, the applicant acknowledged receipt of the
notification of discharge and was advised of his right to
consult counsel and submit statements for consideration. He
opted to consult counsel but declined to submit a statement in
his behalf, however, On 29 June 1987, he submitted a statement,
in his behalf, to his commander.
4. Subsequent to the file being found legally sufficient, the
discharge authority approved the separation and directed the
applicant be discharged with a general (under honorable
conditions) characterization of service. The applicant was
released from active duty on 22 July 1987 and was credited with
4 years, 7 months, and 24 days of active duty service.
5. On 10 October 2013, the applicant was given an opportunity
to submit comments regarding his post service activities
(Exhibit C).
6. In further support of his appeal the applicant provides an
expanded statement of the events leading up to his discharge and
the advice he received as well as several character reference
letters. The applicant states he made mistakes and accepts full
responsibility for his part in the occurrences. He has
graduated from mortuary college and has received a certificate
in funeral directing and an Associates in Applied Science Degree
in Funeral Directing. He is a licensed, state of Texas, funeral
director/embalmer and is the manager of a Funeral Home. He
served honorably and is an honorable man. He wants his family
to look at that discharge and know that he was not drafted but
chose to serve and although he made mistakes he overcame them.
The applicants complete response, with attachments, is at
Exhibit D.
________________________________________________________________
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, or unduly harsh. In the
interest of justice, we considered upgrading the discharge based
on clemency; however, while the evidence provided indicates that
the applicant has made a successful post-service adjustment, and
notwithstanding his otherwise good service record, in view of
the seriousness of the offenses committed during the period of
service under review, we are not persuaded that the
characterization of his discharge should be upgraded based on
clemency. 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 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 this application
in Executive Session on 3 December 2012, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
________________________________________________________________
The following documentary evidence was considered in AFBCMR
Docket Number BC-2013-00714:
Exhibit A. DD Form 149 dated 29 January 2013, w/atch.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFBCMR dated 10 October 2013, w/atch.
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