RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00513
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged for exceeding the weight management standards.
His weight did not affect his job performance or duties.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 3 Jan 86, the applicant commenced his enlistment in the
Regular Air Force.
On 15 Jul 90, the applicants commander notified him that he was
recommending his discharge from the Air Force for unsatisfactory
performance. The reasons for the action were that his multiple
failures to meet the weight standards prescribed in the Weight
Management Program, for which he received three Letters of
Reprimand, Unfavorable Information File (UIF) entries, placement
on the control roster, and demotion to airman first class.
On 16 Jul 90, the applicant acknowledged receipt of the action
and waived his right to respond to the action.
The legal office reviewed the case and found it legally
sufficient and recommended he be furnished a general discharge
without probation and rehabilitation. The Staff Judge Advocate
cited the following derogatory information: The applicant
received an Article 15 for failing to obey a lawful order on 3
Jul 90. His punishment consisted of demotion to airman; and he
received a UIF/LOR for driving while intoxicated (DWI) off base
on 24 Jan 90.
On 16 Jul 90, the discharge authority directed the applicant be
furnished a general discharge without probation and
rehabilitation.
On 19 Jul 90, the applicant was furnished a general (under
honorable conditions) discharge and was credited with 4 years,
6 months, and 17 days of active service.
On 22 Oct 13, a request for post-service information was
forwarded to the applicant for response within 30 days
(Exhibit C). As of this date, no response has been received by
this office.
________________________________________________________________
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. We considered
upgrading the discharge based on clemency; however, in the
absence of any evidence for us to consider in determining
whether or not the applicants activities since leaving the
service are sufficient to overcome the misconduct for which he
was discharged, we are not inclined to recommend granting the
relief sought on that basis. 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 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-2013-00513 in Executive Session on 21 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 26 Jan 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFBCMR, dated 22 Oct 13.
Panel Chair
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