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AF | BCMR | CY2013 | BC 2013 04642
Original file (BC 2013 04642.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:		DOCKET NUMBER:  BC-2013-04642

		COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be 
upgraded to honorable.


APPLICANT CONTENDS THAT:

He was not given the proper guidance, counseling, or support 
when his first offense was committed.  He was a troubled and 
depressed young man who had recently lost his father and turned 
to alcohol.  Had the Air Force taken the initiative to help him, 
rather than punish him, his life would not have continued down 
the dark path of alcoholism.

The applicant’s complete submission, with attachments, is at 
Exhibit A.



STATEMENT OF FACTS:

According to the applicant’s military personnel records, he 
initially entered the Regular Air Force on 23 Dec 85.

On 8 Jan 90, the applicant’s commander notified him of his 
intent to recommend his discharge for a pattern of misconduct – 
discreditable involvement with military or civilian authorities.  
The reasons for the action included the following:

	a.  On or about 8 Aug 89, the applicant drove while drunk, 
for which he was convicted by a Special Court-Martial, confined 
for four months, forfeited $450.00 pay per month for four 
months, and was reduced to the grade of airman basic (E-1).

	b.  During Nov 88, he drove a vehicle while intoxicated and 
failed to report this offense to his unit, for which his non-
commissioned officer status was vacated.

	c.  On or about 5 Dec 86, he was derelict in the 
performance of his duties, for which he received non-judicial 
punishment (NJP) under Article 15 of the Uniform Code of 
Military Justice (UCMJ), which included suspended reduction to 
the grade of airman first class (E-3), forfeiture of $150.00 pay 
per month for two months and thirty days of correctional 
custody.

	d.  On or about 2 Nov 86, he was drunk and beat his wife 
and drove under the influence of alcohol, for which he received 
a letter of reprimand (LOR).

	e.  From on or about Dec 85 to Jan 86, he wrote numerous 
checks, with insufficient funds, for which he received an LOR.

On 8 Jan 90, the applicant acknowledged receipt of the action 
and requested a conditional waiver of his right to appear before 
an administrative discharge board, provided he receive a 
discharge characterization of at least general (under honorable 
conditions).

On 22 Feb 90, the discharge authority rejected the applicant’s 
request for a conditional waiver of the administrative discharge 
board proceedings.

On 12 Mar 90, the applicant submitted a request for an 
unconditional waiver of the administrative discharge board 
proceedings.

On 22 Mar 90, the applicant’s request for an unconditional 
waiver of the administrative discharge board proceedings was 
found to be legally sufficient.

On 23 Mar 90, the discharge authority accepted the applicant’s 
unconditional waiver and concurred with the commander’s 
recommendation and directed the applicant be furnished a UOTHC 
discharge.

On 26 Mar 90, the applicant was furnished a UOTHC discharge and 
was credited with 7 years, 5 months, and 22 days of total active 
service.

On 27 Jun 14, a request for post-service information was 
forwarded to the applicant for review and comment within 
30 days.  In response, the applicant provides copies of two 
supporting statements and an expanded personal statement 
describing his activities since leaving the service.





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 this case; however, we find no evidence or an error or 
injustice that occurred during the discharge processing.  Based 
on the available evidence of record, it appears the applicant’s 
discharge was carried out in accordance with the directive under 
which it was affected and that he was provided full 
administrative due process.  In the interest of justice, we 
considered upgrading the discharge based on clemency; however, 
we do not find the evidence presented is sufficient to conclude 
that his contributions to his community since leaving the 
service are sufficient to overcome the misconduct for which he 
was discharged.  Therefore, in the absence of evidence the 
discharge was disproportionate to the circumstances, there was 
an abuse of discretionary authority, or the applicant was 
deprived of rights to which he was entitled, we find no basis to 
recommend favorable consideration of the 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-2013-04642 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 pertaining to AFBCMR Docket 
Number BC-2013-04642 was considered:

	Exhibit A.  DD Form 149, dated 30 Sep 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 27 Jun 14.
	Exhibit D.  Letter, Applicant, 15 Jul 14, w/atchs.
	Exhibit E.  FBI Report.

						

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