RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03081
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He was only 20 years old, confused, and made a poor decision to
leave the Air Force the way he did. His mother was diagnosed
with lung cancer and he felt he needed to be with her before she
died; she passed away on 9 Dec 89. He is 45 years old and is
looking to make a change in his career. He is currently an
English teacher; however, he would like to take advantage of the
Veterans educational benefits. Since his mothers death he has
achieved many accomplishments. He looks back at his general
discharge with a huge pang of regret, considering the pride he
felt during the time he spent in the Air Force. It is because
of the Air Force that he was able to achieve his life goals and
professional ambitions. He implores the Board to change his
character of service so that he can use these benefits.
The applicant does not provide any supporting documentation.
His complete submission is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 1 Aug 86.
The applicants commander recommended him for discharge under
the provisions of AFR 39-10, paragraph 5-46 for minor
disciplinary infractions. The specific reasons for this action
was for receiving traffic tickets, failing to go to
appointments, being late for duty, and for rendering dishonored
checks. For these actions the applicant received an Article 15,
Letter of Reprimand and an establishment of an Unfavorable
Information File, and Records of Counseling. After a legal
review, the case was found to be legally sufficient. The
applicant acknowledged receipt of the discharge charge action
and waived his right to submit statements in his behalf. He
received a general discharge on 24 Jan 89 after serving 2 years,
5 months, and 24 days on active duty.
The applicant submitted an application to the Air Force
Discharge Review Board (AFDRB) requesting his discharge be
upgraded; however, the AFDRB denied his request on 26 Jun 90.
On 28 Feb 14, a request for information pertaining to his post-
service activities was forwarded to the applicant for response
within 30 days. As of this 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 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 commander's discretionary authority.
The applicant has provided no evidence which would lead us to
believe the characterization of his service was contrary to the
provisions of the governing regulation, unduly harsh, or
disproportionate to the offenses committed. 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. 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 AFBCMR Docket
Number BC-2013-03081 in Executive Session on 10 Apr 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Jun 13.
Exhibit B. DD Form 214 and Discharge Review Board package.
Exhibit C. Letter, AFBCMR, dated 28 Feb 14, w/atch.
Panel Chair
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