RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05395
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded to Honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He would have a better chance of employment within the law enforcement community with an upgraded discharge.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted in the Regular Air Force on 28 January 1985.
On 5 May 1986, the applicant was furnished a General (Under Honorable Conditions) discharge under the provisions of AFR 39-10, Administrative Separation of Airmen, for Misconduct-Pattern of Minor Disciplinary Infractions, and was credited with 1 year, 3 months, and 8 days of total active service.
On 13 August 2013, AFBCMR provided the applicant a copy of the Information Bulletin, Upgrade of Discharge Clemency and requested to be provided information pertaining to his activities since leaving the service. As of this date, no response has been received by this office.
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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 probable error or injustice. We took notice of the applicants complete submission in judging the merits of this case; however, we find no evidence of an error or injustice that occurred in the discharge process. We note the applicants military personnel records are not available for our review. Therefore, the facts surrounding his separation and character of service could not be verified. However, based on the presumption of regularity in the conduct of governmental affairs, absent evidence to the contrary, we must assume the applicants discharge, to include his service characterization and narrative reason for separation, were proper and in compliance with the directive under which it was effected. In the interest of justice, we considered upgrading the discharge based on clemency; however, in the absence of any evidence of a successful post-service transition, we are not inclined to recommend granting relief upon this basis. Therefore, in the absence of evidence to the contrary, we find no basis to recommend favorable consideration of the application.
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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-2012-05395 in Executive Session on 10 September 2013, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 November 2012, w/atchs.
Exhibit C. Letter, AFBCMR, dated 13 August 2013.
Panel Chair
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