RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03576
COUNSEL: NO
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged for failure to complete alcohol treatment.
He was removed from the program three nights before completing
the program for moving a chair so a nurse would have a place to
sit. He was accused of theft and kicked out of the program.
No documentation from the treatment facility was sent to his
squadron so he should not have been discharged.
He proudly served his country; went wherever and whenever he was
told; and went above and beyond for his entire career.
In support of his appeal, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty; AF Form 77, Supplemental Evaluation Sheet; AF Form 910,
Enlisted Performance Report; and various other documents
associated with his request.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 19 Jan 93, the applicant enlisted in the Regular Air Force.
On 26 Aug 97, the applicant was notified by his commander of his
intent to recommend his discharge from the Air Force for failure
in Track 4 of the Alcohol Treatment Program and Minor
Disciplinary Infractions, under the provisions of AFI 36-3208,
Administrative Separation of Airmen. The specific reasons for
the action included failure in the alcohol treatment program;
failure to obey a lawful order, failure to report for duty at
the time prescribed; failure to pay a just debt; traffic
violation, writing a bad check; all in violation of various
articles of the Uniform Code of Military Justice (UCMJ); for
which he received letters of reprimand, letters of counseling
and establishment of an Unfavorable Information File. Before
recommending discharge, the commander noted the applicant had
been provided every opportunity to successfully meet and comply
with Air Force standards and had shown an inability to conform.
The applicant acknowledged receipt of the notification of
discharge.
On 29 Aug 97, after consulting with legal counsel, the applicant
elected to submit a statement in his own behalf.
On 11 Sep 97, the Staff Judge Advocate found the case to be
legally sufficient and recommended the applicant receive a
general (under honorable conditions) discharge without the offer
of probation or rehabilitation.
On 17 Sep 97, the discharge authority approved the applicants
discharge. On 19 Sep 97, the applicant was discharged for
Misconduct with service characterized as general (under
honorable conditions) in the grade of senior airman. He served
4 years, 7 months and 25 days of total active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) indicated that on the basis of the
information provided, they were able to locate an arrest record.
_________________________________________________________________
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 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 commanders 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
applicants 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.
________________________________________________________________
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-2013-03576 in Executive Session on 27 May 14, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Jul 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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