RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02571
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His general (under honorable conditions) discharge be
upgraded to honorable.
2. His Reentry (RE) Code of 2B (Discharged under general or
other than honorable conditions) be changed so that he may
reenlist and serve as a Chaplains Assistant.
________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge was not warranted and he should have been mentored
instead of punished. He believes he was discharged due to his
marital issues that he was having with his ex-wife.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 8 Mar 93.
On 17 Jul 95, the applicants commander notified him that he was
recommending his discharge due to a pattern of misconduct. The
reasons for the action included the applicant consuming alcohol
while under the age of 21 and being drunk and disorderly,
disobeying a lawful order by contacting his wife before a no-
notice health and welfare inspection on his home, speeding on
base, having his quarters in a deplorable condition, disobeying
a stop sign and driving without insurance, failing to obey a
lawful order by not reporting to the element chief at the
appointed time, dereliction of duty by leaving his quarters
while being placed on quarters for 48 hours, and failing to obey
a lawful order by not clearing housing within the specified
time, for which he received two Letters of Counseling (LOC), two
Letters of Reprimand (LOR), and three separate nonjudicial
punishment (NJP) actions under Article 15 of the Uniform Code of
Military Justice (UCMJ).
On 17 Jul 95, the applicant acknowledged receipt of the action,
consulted with counsel and elected not to submit statements on
his behalf.
On 20 Jul 95, the discharge action was found legally sufficient.
On 25 Jul 95, the discharge authority directed the applicant be
furnished a general (under honorable conditions) discharge.
On 28 Jul 95, the applicant was so discharged and was credited
with 2 years, 4 months, and 28 days of total active service.
On 10 Feb 14, a request for post-service information was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by this
office (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 an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we find no evidence of an error or
injustice that occurred in the discharge process. Based on the
available evidence of record, it appears the applicants general
(under honorable conditions) discharge for misconduct was
consistent with the substantive requirements of the discharge
regulation and within the discharge authoritys discretion. He
has provided no evidence which would lead us to believe
otherwise. In the interest of justice, we considered upgrading
the discharge based on clemency; however, we do not find the
evidence presented is sufficient to compel us to recommend
granting the relief sought on that basis. In view of the above,
and in the absence of evidence to the contrary, we conclude that
no basis exists to upgrade the applicants general discharge.
________________________________________________________________
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-2013-02571 in Executive Session on 18 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 21 May 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFBCMR, dated 10 Feb 14.
Panel Chair
2
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