RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02431
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
His character of service was honorable but he was told the only
way he could be released from his enlistment was to accept a
general discharge. He was advised that he could apply to the
Board for an automatic upgrade to honorable.
Prior to his discharge, he had zero disciplinary actions.
He was given the option to get out and accepted the offer but
was not aware of the discharge characterization until final
disposition.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 19 Sep 1989, the applicant entered active duty.
On 12 Apr 1995, the applicants commander notified him that he
was recommending that he be discharged from the Air Force for
minor disciplinary infractions. The specific reasons for his
actions were the applicant was counselled for coming to work
late, numerous violations of AFR 35-10, carrying a concealed
weapon and Driving Under the Influence (DUI).
On 12 Apr 1995, the applicant acknowledged receipt of the letter
of notification, consulted legal counsel and submitted a
statement in his own behalf.
On 17 Apr 1995, the staff judge advocate found the case legally
sufficient to support the basis for separation.
On 18 Apr 1995, the discharge authority approved the
recommendation.
On 19 Apr 1995, the applicant was discharged with service
characterized as a general (under honorable conditions) with a
narrative reason for separation of Misconduct.
He served on active duty for five years, seven months and one
day.
On 24 Jan 2014, the AFBCMR staff offered the applicant an
opportunity to provide information pertaining to his activities
since leaving the service. As of this date, this office has not
received a response (Exhibit C).
________________________________________________________________
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 the
applicants discharge based on clemency; however, after
considering his overall record of service, the 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. Therefore, 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
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-
2013-02431 in Executive Session on 25 Mar 2014, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentation was considered:
Exhibit A. DD Form 149, dated 15 May 2013.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFBMCR, dated 24 Jan 2014, w/atch.
Panel Chair
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