RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03173
XXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded to a Honorable Discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
While he believes his record is correct and not in error, he asks for leniency from the board, so that he may take advantage of the G.I. Bill program. He would like nothing more than an opportunity as a USAF veteran, to further his education and live a better life.
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 21 Feb 91.
On 6 Dec 96, the applicant was notified by his section commander of his intent to recommend his discharge for a Serious Offense, under the provisions of AFPD 36-32 and AFI 36-3208, Administrative Separation of Airmen. The reasons for the action is as follows: On or about 20 Oct 96 the applicant committed an assault consummated by battery upon his ex-wife, for which he was convicted by the Hampton Juvenile and Domestic Relations Court and for which he was fined $500.00 and sentenced to 30 days incarceration in the Hampton City Jail. Additionally the applicant was reprimanded for this misconduct on 13 Nov 96 and an unfavorable information file (UIF) was established on 15 Nov 96.
On 9 Dec 96, after consulting with legal counsel, the applicant waived his right and elected not to submit statements in his behalf.
On 12 Dec 96, the case was found to be legally sufficient and the discharge authority approved the section commanders recommendation, directing the applicants administrative discharge without probation and rehabilitation.
On 18 Dec 96, the applicant was furnished a General (Under Honorable Conditions) discharge for a Serious Offense and was credited with 5 years and 7 months of total active service.
A complete copy of the Discharge Package is attached at Exhibit B (with attachments).
______________________________________________________________
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 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 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, in the absence of any evidence related to the applicants post-service activities, there is no way for us to determine if the applicants accomplishments since leaving the service are sufficiently meritorious to 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.
________________________________________________________________
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-2013-03173 in Executive Session on 24 Sept 2014, under the provisions of AFI 36 2603:
XXXXXXXXX, Chair
XXXXXXXXX, Member
XXXXXXXXX, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 May 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 17 Jul 13.
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