RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00838
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
His discharge was inequitable because it was based on one
isolated incident with no other adverse actions.
The applicant does not provide any evidence in support of his
appeal.
The applicant's complete submission is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
served on active duty from 1 June 1987 to 13 June 1990.
On 31 January 1990 and 7 February 1990, the applicant received
Letters of Reprimand for failure to go, at the time prescribed,
to his appointed place of duty; and for writing bad checks,
respectively. On 22 March 1990, the applicant received an
Article 15 for failure to go, at the time prescribed, to his
appointed place of duty; failure to pay a debt; and failure to
obey a lawful order.
On 4 June 1990, the applicant was notified of his commanders
intent to recommend him for a general (under honorable
conditions) discharge for a pattern of misconduct under the
provisions of Air Force Regulation 39-10, paragraph 5-47b.
________________________________________________________________
_
On 11 June 1990, the applicant acknowledged his commanders
intent, consulted council, and submitted a statement in his own
behalf.
On 12 June 1990, after considering the applicants submission
and after the Staff judge Advocate found the case to be legally
sufficient, the discharge approved the recommended discharge
without probation or rehabilitation.
The applicant was discharged from active duty in the grade of
senior airman (E-4) effective 13 June 1990 with a general (under
honorable conditions) discharge. He served 3 years and 13 days
on active duty.
________________________________________________________________
_
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-2013-00838 in Executive Session on 14 November 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-2013-00838:
Exhibit A. DD Form 149, dated 5 Feb 13.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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