RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02536
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His character of service be changed from general, (under
honorable conditions), to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He believes he served honorably.
The applicant did not submit any additional documentation in
support of his request.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
1. According to documents extracted from his military personnel
record, the applicant enlisted in the Regular Air Force on
11 December 1980.
2. On 22 March 1982, the applicant was notified by his
commander that he was recommending him for discharge from the
Air Force under the provisions of AFM 39-12, Separation for
Unsuitability, Misconduct, Resignation, or Request for Discharge
for the Good of the Service and Procedures for the
Rehabilitation Program, Chapter 2; Section A., Paragraph 2-4c.
The specific reason for the proposed action was apathy and
defective attitude substantiated by the applicants frequent
involvement in behavior that was inconsistent with acceptable
Air Force standards as evidenced by:
a. Eight documented instances of failures to go in less
than one year.
b. Four instances of insufficient funds or financial
irresponsibility during the same timeframe.
c. Five letters of reprimand (LOR).
d. One Article 15, and vacation of a suspended punishment.
3. On 22 March 1982, the applicant acknowledged receipt of the
notification of discharge and that legal counsel was available
to assist him. On 26 March 1982, the applicant opted to be
represented by military counsel and to submit statements in his
own behalf. Subsequent to the file being found legally
sufficient, the discharge authority approved the recommendation
and directed the applicant be discharged with a general (under
honorable conditions) characterization of service without
probation and rehabilitation. The applicant was released from
active duty on 19 April 1982, and was credited with 1 year, 4
months and 9 days of active duty service.
4. On 30 January 2014, the applicant was given an opportunity
to submit comments regarding his post service activities
(Exhibit C). To date, a response has not been received.
________________________________________________________________
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, or unduly harsh. In the
interest of justice, we considered upgrading the discharge based
on clemency; however, there was no evidence submitted to compel
us to recommend granting the relief sought on that basis.
Therefore, 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 this application
in Executive Session on 11 March 2014, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-02536 was considered:
Exhibit A. DD Form 149 dated 4 May 2013.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 30 January 2014.
Panel Chair
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