RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05965
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge should be upgraded so he can use his benefits to
attend college.
In support of his request, the applicant provides a copy of DD
Form 293, Application for the Review of Discharge from the Armed
Forces of the United States.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 Mar 90, the applicant enlisted in the Regular Air Force.
On 6 Jan 95, the applicant was notified of his commanders
intent to recommend he be discharged from the Air Force under
the provisions of AFI 36-3208, Administrative Separation of
Airmen, for Conduct Prejudicial to Good Order and Discipline.
He acknowledged receipt of the notification of discharge.
On 9 Jan 95, after consulting with counsel, the applicant waived
his right to submit a statement on his own behalf. For a full
accounting of the offenses, see the commanders notification
letter at Exhibit B.
On 12 Jan 95, the Staff Judge Advocate reviewed the case and
found it legally sufficient and recommended the applicant
receive a general (under honorable conditions) discharge without
the offer of probation or rehabilitation.
On 17 Jan 95, the discharge authority approved the applicants
discharge. On 20 Jan 95, the applicant was discharged for
Misconduct with service characterized as general (under
honorable conditions). He served 4 years, 10 months and 10 days
of total active service.
_________________________________________________________________
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. In the interest of
justice, we considered upgrading the characterization of the
applicants discharge based on clemency; however, after
considering his overall record of service, the infractions which
led to his administrative separation and lack of post-service
documentation, we are not persuaded that an upgrade is
warranted. In view of the above and 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 AFBCMR Docket
Number BC-2012-05965 in Executive Session on 26 Sep 13, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Dec 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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