RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02093
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes his record to be unjust because he was discharged
without proper legal counsel.
The applicant did not provide any documentation in support of
his request.
The applicants complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 5 Mar 92, the applicant enlisted in the Regular Air Force.
On 29 Apr 97, the applicant was notified of his commanders
intent to recommend that he be discharged from the Air Force
under the provisions of AFI 36-3208, Administrative Separation
of Airmen for Minor Disciplinary Infractions and Unsatisfactory
Performance. He acknowledged receipt of the notification of
discharge. He was informed that failure to consult counsel or
to submit statements on his own behalf would not constitute a
waiver of his right to do so. For a full accounting of the
offenses, see the commanders notification letter at Exhibit B.
On 8 May 97, the Chief, Military and Civil Affairs Division
reviewed the case and found it legally sufficient and
recommended the applicant receive a general (under honorable
conditions) discharge without the offer of probation or
rehabilitation.
On 22 May 97, the discharge authority approved the applicants
discharge. On 27 May 97, the applicant was discharged for
Misconduct with service characterized as general (under
honorable conditions).
He served 5 years, 2 months and 23 days of total active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial. Based on the applicants overall
performance, the discharge authority approved an under honorable
conditions (general) discharge. According to AFI 36-3208,
paragraph 1.18.2, a general discharge is appropriate when
significant negative aspects of the airmans conduct or
performance of duty outweighs the positive aspects of the
airmans military record. The applicants misconduct in this
case clearly outweighed the positive aspects of his service.
His misconduct in this case, as evidenced by the one Article 15,
three letters of reprimand, one record of counseling, and three
letters of counseling, which occurred during his current
enlistment provides a legally sufficient basis to support
discharge action for misconduct based on minor disciplinary
infractions under AFI 36-3208, paragraph 5.49.
The applicant did not submit any evidence or identify any errors
or injustices in the processing of his separation. Bsed on the
documentation on file in the applicants master personnel
records, his discharge was appropriately administrered and was
properly reflected on his DD Form 214.
The complete DPSOR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 5 Aug 13, for review and comment within 30 days
(Exhibit D). As of this date, this office has not received a
response.
_________________________________________________________________
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. While the applicant
states that he was not afforded legal counsel, according to the
Receipt of the Notification letter dated 29 Apr 97, the
applicant acknowledged that he understood his right to consult
counsel and to submit statements in his own behalf.
Additionally, he also acknowledged that he was given a military
appointment to consult with military counsel. Therefore, we
agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt its rationale that
the applicant has failed to sustain his burden of proof that he
has been the victim of an error or injustice. In the interest
of justice, we considered upgrading the characterization of the
applicants discharge based on clemency; however, after
considering his overall record of service, we are not persuaded
the characterization of the applicants discharge warrants an
upgrade to honorable on this basis. In view of the above and 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 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 Docket Number
BC-2013-02093 in Executive Session on 11 Feb 14, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Apr 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 8 Jul 13.
Exhibit D. Letter, SAF/MRBR, dated 5 Aug 13.
Panel Chair
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