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AF | BCMR | CY2013 | BC 2013 00838
Original file (BC 2013 00838.txt) Auto-classification: Denied
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 commander’s 
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 commander’s 
intent, consulted council, and submitted a statement in his own 
behalf.  

On 12 June 1990, after considering the applicant’s 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
2

3

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