RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03294
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation be changed from Misconduct
Pattern of Minor Disciplinary Infractions to Convenience of
the Government, or Reduction in Force.
________________________________________________________________
APPLICANT CONTENDS THAT:
He is trying to get approved for a Department of Veterans
Affairs (DVA) loan and is four days short of eligibility. The
Air Force was offering early out for airmen at the time and
while he did have minor infractions, they did not warrant a
discharge. The DVA website indicates that he may still be
eligible if he were discharged due to convenience of the
government or reduction in force.
In support of his request the applicant provides a personal
statement.
The applicant's complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 20 Aug 1986, the applicant entered the Regular Air Force.
On 27 Jul 1988, he was notified by his commander that he was
recommending he be discharged from the Air Force under the
provisions of 39-10, Administrative Separation of Airmen. The
reasons for this action were:
On or about 18 Aug 1987, he issued a worthless check in the
amount of $50.00.
On or about 17 Sep 1987, he issued a worthless check in the
amount of $10.00.
On or about 22 Sep 1987, he issued a worthless check in the
amount of $20.00.
On or about 30 Sep 1987, he issued a worthless check in the
amount of $20.00.
On or about 6 Oct 1987, his room was found to be in a
disorderly state during an inspection.
On or about 17 Nov 1987, he issued a worthless check in the
amount of $20.00.
On or about 29 Nov 1987, he violated a lawful regulation by
operating his private motor vehicle without any insurance.
On or about 29 Jun 1988, he disobeyed a lawful order not to
operate a motor vehicle on any military installation, for a
period of one year.
On 27 Jul 1988, the applicant acknowledged receipt of the
Discharge Notification, consulted with legal counsel and
submitted a statement in his own behalf.
On 29 Jul 1988, the Staff Judge Advocate found the discharge
action legally sufficient.
On 3 Aug 1988, the discharge authority directed he be discharged
without probation and rehabilitation.
On 16 Aug 1988, the applicant received a general (under
honorable conditions) discharge. The narrative reason for
separation is Misconduct Pattern of Minor Disciplinary
Infractions. He served on active duty for 1 year, 11 months
and 27 days.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial. DPSOR states that they found no
error or injustice in the processing of the discharge action.
Based on the documentation on file in the master personnel
record, the discharge to include his characterization of service
was consistent with the procedural and substantive requirements
of the discharge instruction and was within the discretion of
the discharge authority. The applicant did not submit any
evidence or identify any errors or injustices that occurred in
the discharge processing.
?
The complete DPSOR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 15 Oct 2013, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by
this office (Exhibit D).
________________________________________________________________
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 applicants complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. Therefore, we
find no basis to recommend granting the relief sought in this
application.
________________________________________________________________
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 Docket Number BC-
2013-03294 in Executive Session on 24 Apr 2014, under the
provisions of AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Jul 2013, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 6 Sep 2013.
Exhibit D. Letter, SAF/MRBR, dated 15 Oct 2013.
Chair
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