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AF | BCMR | CY2013 | BC 2013 03081
Original file (BC 2013 03081.txt) Auto-classification: Denied

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 mother’s 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 applicant’s 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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