RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04524
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
APPLICANT CONTENDS THAT:
It has been 25 years since his discharge and he was under the
impression that it would be upgraded to give him the opportunity
for Federal employment.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
29 Nov 85.
On 6 Dec 88, the applicants commander notified him that he was
recommending his discharge for minor disciplinary infractions.
The reasons for the action included substandard performance of
duty, tardiness, lackluster attitude/behavior toward customers,
failure to meet dress and appearance standards, two incidences
of failure to go, for which he received verbal counseling, a
letter of counseling (LOC), a letter of reprimand (LOR), and
non-judicial punishment (NJP) under Article 15 of the Uniform
Code of Military Justice (UCMJ), which included a suspended
reduction to the grade of airman (E-2).
On 6 Dec 88, the applicant acknowledged receipt of the action
and of his right to consult with legal counsel and submit
statements on his own behalf.
On 12 Dec 88, the action was found to be legally sufficient and
the discharge authority concurred with the commanders
recommendation and directed the applicants general (under
honorable conditions) discharge.
On 15 Dec 88, the applicant was furnished a general (under
honorable conditions) discharge and was credited with 3 years
and 17 days of total active service.
On 1 Jun 90, the Air Force Discharge Review Board (AFDRB)
considered and denied the applicants request for an upgrade of
his discharge. The AFDRB concluded that the discharge was
consistent with the procedural and substantive requirements of
the discharge regulation and was within the discretion of the
discharge authority and that the applicant was provided full
administrative due process.
On 26 Jun 14, a request for post-service information was
forwarded to the applicant for review and response within 30
days. As of this date, no response has been received by this
office (Exhibit C).
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. In the
interest of justice, we considered upgrading the discharge based
on clemency; however, in the absence of any evidence related to
the applicants post-service activities, there is no way for us
to determine if the applicants accomplishments since leaving
the service are sufficiently meritorious to overcome the
misconduct for which he was discharged. Therefore, in the
absence of evidence to the contrary, we find no basis 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-2013-04524 in Executive Session on 23 Sep 14, under
the provisions of AFI 36-2603:
Ms., Panel Chair
Mr., Member
Mr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Sep 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 24 Jun 14.
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FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
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