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AF | BCMR | CY2013 | BC 2013 03869
Original file (BC 2013 03869.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER: BC-2013-03869

	 			COUNSEL:  NONE

				HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was given the opportunity to leave the Air Force to save his 
marriage.  Before making the decision to leave, he was assured 
his discharge would not be perceived as negative in the civilian 
world; however, he learned that was not true.

In support of his appeal, the applicant submits his DD Form 214, 
Certificate of Release or Discharge from Active Duty.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 5 September 1985.  On 
25 February 1987, he was notified of his commander’s intent to 
discharge him from the Air Force for minor disciplinary 
infractions.  Specifically, he received an Article 15, three 
Letters of Reprimand and two verbal counseling’s.  The applicant 
acknowledged his commanders intent, his right to be represented 
by counsel and to submit statements on his behalf.  After 
consulting counsel, he waived his right to submit statements for 
the commander’s consideration.  On 10 March 1987, the staff 
judge advocate found the discharge legally sufficient.  On 
11 March 1987, the commander directed the applicant be separated 
with a general (under honorable conditions) discharge.  

Pursuant to the Board’s request, the Federal Bureau of 
Investigation indicated that on the basis of the information 
provided, an arrest record was located.

In response to a request for post-service information the 
applicant explains his reasoning for joining the Air Force and 
how the stress of being a young husband and father affected his 
performance in technical school.  He explains how he has been 
married and divorced and how each of his marriages ended.  

Other than minor run ins with the law and his feeling bad about 
his Air Force mistakes, he has been a good productive citizen.  
He has been a born again Christian since 1987 and does his best 
to serve God and his country.

The applicant’s complete response is at 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 applicant's complete submission in judging the merits of 
the case; however, we find no evidence of an error or injustice 
that occurred during the discharge process.  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, or unduly harsh.  In the 
interest of justice, we considered upgrading the discharge based 
on clemency; however, there was no evidence submitted to compel 
us to recommend granting the relief sought on that basis.  
Therefore, 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-2013-03869 in Executive Session on 13 May 2014, under 
the provisions of AFI 36-2603:


The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 10 Aug 13, w/atchs. 
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, SAF/MRBC, dated 9 Apr 14.
   Exhibit D.  Letter, Applicant’s Response, undated. 



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