RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04583
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
APPLICANT CONTENDS THAT:
He was young, immature, and naive when his offense occurred
(shoplifting). He was given the option of staying in or
leaving the military and was too young to understand the
magnitude of his decision.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
29 Sep 87.
On 2 Jun 88, the applicants commander notified him that he was
recommending his discharge for commission of serious offenses.
The reasons for the action included violation of a lawful
general regulation by wrongfully leaving Sheppard Air Force
Base and violation of curfew in violation of Article 92 of the
Uniform Code of Military Justice (UCMJ) for which he received
non-judicial punishment (NJP) on 15 Mar 88. Additionally, on
or about 2 Apr 88, he stole a zippo lighter and can of lighter
fluid from the Main Exchange, for which he again received NJP
on 6 Apr 88.
On 2 Jun 89 [sic], the applicant acknowledged receipt of the
action and waived his rights to consult with legal counsel or
submit statements on his own behalf.
On 13 Jun 88, the action was found to be legally sufficient
and, on 20 Jun 88, the discharge authority concurred with the
commanders recommendation and directed the applicants general
(under honorable conditions) discharge.
On 23 Jun 88, the applicant was furnished a general (under
honorable conditions) discharge for misconduct other serious
offenses and was credited with 8 months and 25 days of total
active service.
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 in this application.
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-2013-04583 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 7 Sep 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 26 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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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 1 Jun 90, the Air Force Discharge Review Board (AFDRB) considered and denied the applicants request for an upgrade of his discharge. Exhibit C. Letter, AFBCMR, dated 24 Jun 14.
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