RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03978
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was young and immature. He regrets he was not able to
complete his term of service. His disciplinary problems were
never malicious, just childish and stupid. The 21 months he
served fulfilled the requirement to be eligible for benefits.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 9 Feb 82, the applicant commenced his enlistment in the
Regular Air Force.
On 24 Oct 83, the applicants was notified by his commander of
his intent to recommend his discharge for Misconduct under the
provisions of AFR 39-10, Administrative Separation of Airmen.
The reasons for the action included failure to go at time
prescribed to appointed place of duty, sleeping on duty, room
inspection failure, writing checks on insufficient funds, and
vacation of suspended punishment, all in violation of various
articles of the Uniform Code of Military Justice (UCMJ), for
which he received letters of counseling (LOC), a letter of
reprimand (LOR), and nonjudicial punishment (NJP) under
Article 15 of the UCMJ.
The applicant acknowledged receipt of the action and waived his
rights to submit a statement in his own behalf.
On 7 Nov 83, the case was found legally sufficient and the
discharge authority directed the applicant be furnished a
general discharge without probation and rehabilitation.
On 29 Nov 83, the applicant was so discharged and was credited
with 1 year, 9 months, and 21 days total active service.
On 1 May 14, a request for post-service information was
forwarded to the applicant for response within 30 days
(Exhibit C). As of this date, no response has been received by
this office.
________________________________________________________________
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 an 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 was 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, unduly
harsh, or disproportionate to the offenses committed. We
considered upgrading the discharge based on clemency; however,
in the absence of any evidence for us to consider in determining
whether or not the applicants activities since leaving the
service are sufficient to overcome the misconduct for which he
was discharged, we are not inclined to recommend granting the
relief sought on that basis. Therefore, 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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2013-03978 in Executive Session on 1 Jul 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Aug 13, w/atch.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFBCMR, dated 1 May 14, w/atch.
Panel Chair
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