RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02744
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He suffered multiple types of abuse prior to entering the military, which had an effect on his behavior and led to his discharge. He was later diagnosed with extreme depression. However, he has since recovered, become a productive citizen working with the police department, and been employed for 12 years as an engineer. He is ashamed about how his military career ended and wishes to appeal for clemency.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted in the Regular Air Force on 15 Jan 93.
On 28 Sep 95, the applicant was notified by his commander of his intent to recommend his discharge for Pattern of Misconduct Conduct Prejudicial to Good Order and Discipline under the provisions of AFI 36-3208, Administrative Separation of Airmen. The reasons for the action included dereliction of duty, failure to report for duty, violating base housing policy, destroying government property, sexual harassment, and failure to go; all in violation of various articles of the Uniform Code of Military Justice (UCMJ); for which he a received a record of counseling, a letter of counseling, letters of reprimand, unfavorable information file (UIF) entries, and non-judicial punishments (NJP) under the provisions of Article 15 of the UCMJ.
On 2 Oct 95, after consulting with legal counsel, the applicant elected not to submit statements in his behalf.
On 23 Oct 95, the case was found to be legally sufficient and the discharge authority approved the commanders recommendation, directing the applicants administrative discharge without probation and rehabilitation.
On 30 Oct 95, the applicant was furnished a general (under honorable conditions) discharge for Misconduct and was credited with 2 years, 9 months, and 16 days of total active service.
On 19 Apr 06, the Air Force Discharge Review Board (AFDRB) considered the applicants request to upgrade his discharge to honorable and concluded that the discharge was consistent with the procedural and substantive requirements of the discharge regulation, was within the discretion of the discharge authority, and the applicant was provided full administrative due process.
A request for post-service information was forwarded to the applicant on 25 Feb 14 for review and comment within 30 days (Exhibit C). In response, he reiterates that his mistakes while serving in the military were attributable to his past experiences of abuse. His discharge was the result of unknowingly serving alcohol to a minor and he accepts full responsibility. Today, he is making great contributions to society and wants to regain his honor (Exhibit D).
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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, to include his response to our request for post-service information, in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in the discharge processing. Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commanders 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 discharge based on clemency; however, we do not find the evidence presented is sufficient for us to conclude that the applicants post-service activities overcome the misconduct for which he was discharged. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought.
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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-2013-02744 in Executive Session on 27 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 4 Jun 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 25 Feb 14.
Exhibit D. Letter, Applicant, dated 10 Mar 14.
Panel Chair
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