RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00139
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His General (under honorable conditions) discharge be upgraded to
Honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
His General (under honorable conditions) discharge and Article 15
action for misconduct was overly harsh.
The applicants complete submission, with attachments, is at Exhibit
A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted in
the Regular Air Force on 26 Jul 93.
On 16 Jul 96, the applicants commander notified him that she was
recommending his discharge from the Air Force for minor disciplinary
infractions. The reasons for the action included one incidence of
failure to go, for which the applicant was given non-judicial
punishment under Article 15 of the Uniform Code of Military Justice
(UCMJ); three citations for moving violations, for which he received
three letters of reprimand (LOR); and four incidences of being late
to work, for which he received four letters of counseling (LOC)..
On 16 Jul 96, he acknowledged receipt of the notification of
discharge and on 18 Jul 96, after consulting with legal counsel,
waived his right to submit a statement in his own behalf.
On 22 Jul 96, the case was found to be legally sufficient and on 23
Jul 96, the discharge authority directed the applicant be furnished a
general discharge, without probation and rehabilitation. On 26 Jul
96, the applicant was furnished a general (under honorable
conditions) discharge and was credited with 3 years of total active
service.
On 10 Oct 13, a request for post-service information was forwarded to
applicant for comment within 30 days. As of this date, no response
has been received by this office (Exhibit C).
________________________________________________________________
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 an error or injustice. We took notice of the
applicants complete submission in judging the merits of the case;
however, we find no evidence of an error or injustice that occurred
in the discharge process. Based on the available evidence of record,
it appears the applicants General (Under Honorable Conditions)
discharge for minor disciplinary infractions was consistent with the
substantive requirements of the discharge regulation and within the
commanders discretionary authority. He has provided no evidence
which would lead us to believe the characterization of his service
was improper or contrary to the provisions of the governing
directive. Nor has he presented any evidence that would lead us to
believe the disciplinary actions which precipitated his discharge
were disproportionate to the circumstances. In the interest of
justice, we considered upgrading the discharge on the basis of
clemency; however, in the absence of any evidence relating to his
post-service accomplishments, we find no basis to recommend granting
the relief sought on that basis. In view of the foregoing, and in
the absence of evidence to the contrary, we conclude that no basis
exists to upgrade the applicants General (Under Honorable
Conditions) discharge.
________________________________________________________________
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-2013-00139 in Executive Session on 12 Nov 13, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Jan 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 10 Oct 13, w/atch.
Panel Chair
2
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