RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00466
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He was young when he was discharged from the Air Force. He
subsequently received a waiver to reenlist in the Army National
Guard and served for a total of over five years in the military.
His service with the Army National Guard was characterized as
honorable. He would like his Air Force service to also be
characterized as honorable.
In support of his appeal, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty; Army National Guard Honorable Discharge Certificate; and
his National Guard Bureau Report of Separation and Record of
Service.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
served on active duty from 15 June 1986 to 17 September 1987.
On 26 May 1987 and 31 July 1987, the applicant received Article
15 punishments for being derelict in the performance of his
duties by willfully consuming alcohol beverages. The punishment
for his 26 May 1987 Article 15 consisted of reduction to the
grade of airman basic (E-1), forfeiture of $100 per month for
two months, and extra duty for 45 consecutive days. However,
the execution of that portion of his punishment which provided
for reduction in grade to airman basic was suspended until
26 November 1987, at which time, unless the suspension was
sooner vacated, would be remitted without further action. The
punishment for his 31 July 1987 Article 15 was forfeiture of
$200 pay per month for two months and 30 days Correctional
Custody effective 5 August 1987. In addition, his suspended
reduction in grade to airman basic was vacated.
On 12 August 1987, the applicant was removed from Correctional
Custody for failure to conform to standards.
On 31 August 1987, the applicant was notified of his commanders
intent to recommend him for a general (under honorable
conditions) discharge for Misconduct Pattern of Minor
Disciplinary Infractions, under the provisions of Air Force
Regulation 39-10, Chapter 5, Section H, paragraph 5-46.
________________________________________________________________
_
The applicant acknowledged his commanders intent, consulted
council, and waived his right to submit a statement in his own
behalf.
After the Assistant Staff Judge Advocate found the case to be
legally sufficient on 4 September 1987, the discharge authority
approved the recommended discharge without probation or
rehabilitation on 17 September 1987.
The applicant was discharged from active duty in the grade of
airman basic effective 18 September 1987 with a general (under
honorable conditions) discharge. He served one year, two
months, and four days on active duty.
The applicant subsequently joined the Army National Guard on
2 June 1995 and served until his separation on 1 June 1999. His
National Guard Bureau Report of Separation and Record of Service
reflects he served honorably in the Army National Guard.
________________________________________________________________
_
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, the Board finds 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 discharge based on clemency;
however, the Board does not find the evidence presented is
sufficient to recommend granting the relief sought on that basis.
Therefore, in the absence of evidence to the contrary, the Board
finds 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-2013-00466 in Executive Session on 3 December 2013,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2013-00466:
Exhibit A. DD Form 149, dated 24 Jan 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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