RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-03209
			COUNSEL: NONE
			HEARING DESIRED: NOT INDICATED
		

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded 
to honorable.

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APPLICANT CONTENDS THAT:

He was a quiet, foolish and immature young man.  He is currently 
incarcerated; however, prior to his arrest in 08, he had no 
felony convictions for over 15 years and was a productive member 
of society.  He recently found out through a veterans group he 
was eligible to request an upgrade to his discharge.  

He needs his discharge upgraded because there are additional 
entitlements for inmates with honorable discharges over inmates 
with general (under honorable conditions) discharges. 

In support of his request, the applicant provides a personal 
statement.

The applicant’s complete submission, with attachment, is at 
Exhibit A.

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STATEMENT OF FACTS:

On 9 Oct 86, the applicant enlisted in the Regular Air Force.

On 21 Jan 93, the applicant was notified by his commander of his 
intent to recommend his discharge from the Air Force for 
Misconduct-Minor Disciplinary Infractions, under the provisions 
of AFR 39-10, Administrative Separation of Airmen.  The specific 
reasons for his action included going absent without leave, 
financial irresponsibility, and failure to go; all in violation 
of various articles of the Uniform Code of Military Justice 
(UCMJ); for which he received letters of counseling, verbal 
counseling’s, letters of reprimand, Unfavorable Information File 
(UIF) entries, and Non-Judicial Punishment (NJP) under the 
provisions of Article 15 of the UCMJ.  The commander recommended 
to the 18th Logistics Group commander (18 LG/CC) that the 
applicant receive an Under-Other-Than-Honorable-Conditions 
(UOTHC) discharge without the offer of probation or 
rehabilitation.  On 26 Jan 93, the 18 LG/CC reviewed the case 
and recommended to the 18 Wing/CC that the applicant be 
discharged with an UOTHC discharge, without the offer of 
probation or rehabilitation.  

On 2 Feb 93, after consulting with legal counsel, the applicant 
submitted a conditional waiver to waive his right to a hearing 
before a board of officers so long as he received a general 
(under honorable conditions) discharge and elected to submit a 
statement in his own behalf.

On 5 Feb 93, the Staff Judge Advocate (SJA) reviewed the case 
and found it legally sufficient to support discharge and 
recommended to the 18 WG/CC that the applicant’s conditional 
waiver be accepted and he be given a general (under honorable 
conditions) discharge, without the offer of probation and 
rehabilitation.  The SJA noted the squadron commander 
recommended the applicant receive an UOTHC discharge; however, 
SJA agrees that it was in the best interest of the Air Force to 
accept the conditional waiver and characterize the applicant’s 
service as general.  Particularly because of the fact that his 
last performance report rated him an overall “4” it was unlikely 
that a discharge board would recommend an UOTHC discharge.  

On 8 Feb 93, the 18 WG/CC reviewed the case and recommended the 
5th Air Force Vice Commander (5 AF/CV) accept the applicant’s 
conditional waiver and ordered that he be discharged with a 
general (under honorable conditions) discharge, without the 
offer of probation or rehabilitation. 

On 23 Feb 93, the 5 AF/CV accepted the applicant’s conditional 
waiver and directed the applicant’s administrative discharge 
without probation and rehabilitation.

On 17 Mar 93, the applicant was furnished a general (under 
honorable conditions) discharge for Misconduct—Pattern of Minor 
Disciplinary Infractions and was credited with 6 years, 
5 months, and 10 days of total active service.

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) indicated that on the basis of the 
information provided, they were able to locate an arrest record.

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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 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 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 characterization of the 
applicant’s discharge based on clemency; however, after 
considering his overall record of service and the infractions 
which led to his administrative separation we are not persuaded 
that an upgrade is warranted.  In view of the above and in the 
absence of evidence to the contrary, we find no basis upon which 
to recommend granting the relief sought.

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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.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-03209 in Executive Session on 24 Apr 14, under 
the provisions of AFI 36-2603:

				Chair
      				Member
				Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 28 Jun 13, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.




								
								Chair