RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04013
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 and made a lot of foolish mistakes.
He was told his discharge would automatically be upgraded to
honorable after three months.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 23 Feb 82, the applicant commenced his enlistment in the
Regular Air Force.
On 4 Mar 86, the applicants commander notified him 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 two incidences of driving
while intoxicated (DUI) in violation of Article III of the
Uniformed Code of Military Justice (UCMJ). For this misconduct,
he twice received non-judicial punishment under Article 15 of
the UCMJ.
On 18 Mar 86, the applicant acknowledged receipt of the action
and elected to submit a statement in his own behalf.
On 28 Mar 86, the legal office found the case legally sufficient
and recommended the applicant be furnished a general discharge
without probation and rehabilitation.
On 31 Mar 86, the discharge authority directed the applicant be
furnished a general discharge without probation and
rehabilitation. On 1 Apr 86, the applicant was so discharged
and was credited with four years, one month, and nine 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 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-2013-04013 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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