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 applicants 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 commanders 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 counselings. 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 commanders 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 Boards 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 applicants 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, Applicants Response, undated.
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