RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02154
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
After being separated for 24 years, he has led a responsible
life; has had no run-ins with the law and is a proud father of a
14 year old daughter. He has been a proud veteran and a law
abiding citizen.
The minor disciplinary infractions were related to a lack of
maintaining proper Body Mass Index (BMI). Currently, he is
health and fitness oriented and has plans in the near future to
become a certified fitness trainer and opening his own business.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 14 Nov 89, the applicant enlisted in the Regular Air Force
for a period of four years.
On 12 Sep 91, the squadron commander notified the applicant of
administrative discharge action for misconduct, specifically for
minor disciplinary infractions. For a full list of the
offenses, please see the commanders notification letter at
Exhibit B. After consulting with counsel and having been
advised of his rights, the applicant waived his right to submit
statements in his own behalf. On 27 Sep 91, the staff judge
advocate found the case file legally sufficient and recommended
the applicant receive a general discharge without probation and
rehabilitation (P&R). On 30 Sep 91, the discharge authority
approved the general discharge without P&R.
On 21 Oct 91, the applicant was discharged by reason of
misconduct pattern of minor disciplinary infractions, with
service characterized as general (under honorable conditions).
He was credited with 1 year, 11 months, and 8 days of active
duty service.
________________________________________________________________
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 during the discharge process. 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 characterization of
applicants discharge based on clemency; however, after
considering his overall record of service, the numerous
infractions which led to his administrative separation and the
lack of post-service documentation, we are not persuaded that an
upgrade on this basis is warranted. Should the applicant
provide evidence pertaining to his post-service activities, we
would be willing to reconsider his request. 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-2013-02154 in Executive Session on 4 Mar and 5 Mar 14,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Apr 13.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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