RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05267
COUNSEL: NONE
CHARLES E. PHILLIPS HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to Honorable.
APPLICANT CONTENDS THAT:
He was very young and financial problems caused his discharge.
The applicant believes that the Board should find it in the
interest of justice to consider his untimely application because
he is an outstanding citizen who is trying to correct his past.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
On 26 November 1990, the applicant enlisted in the Regular Air
Force.
On 12 August 1991, his commander notified him that he was
recommending he be discharged under the provisions of AFR 39-10,
Administrative Separation of Airmen. The specific reason for
his action was from on or about 29 June 1991, until on or about
2 July 1991, the applicant stole $930.00 from another airman.
This is evidenced by an Article 15 dated 9 August 1991.
On 12 August 1991, the applicant acknowledged receipt of the
discharge notification, consulted with counsel and did not
submit a statement in his behalf.
On 22 August 1991, the Deputy Staff Judge Advocate found the
discharge legally sufficient.
On 26 August 1991, the discharge authority directed that he be
discharged with a general (under honorable conditions)
discharge. Probation and rehabilitation was considered and
deemed inappropriate.
On 30 August 1991, the applicant received a general (under
honorable conditions) discharge. He served 9 months and 4 days
of active duty.
Pursuant to the Boards request, the Federal Bureau of
Investigation, Washington, D.C., indicated on the basis of the
data furnished they were unable to locate an arrest record.
On 6 July 2014, a request for post-service information was
forwarded to the applicant for review and comment 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. 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 that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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 this application
in Executive Session on 18 September 2014, under the provisions
of AFI 36-2603:
Ms. Patricia J. Zarodkiewicz, Panel Chair
Ms. Kathleen I. Ferguson, Member
Ms. Jessica L. Spencer-Gallucci, Member
The following documentary evidence pertaining to AFBCMR BC-2013-
05267 was considered:
Exhibit A. DD Form 149, dated 8 November 2013.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, digitally signed 6 July 2014.
OFFICIAL USE ONLY FOR PRIVACY ACT OF 1974
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OFFICIAL USE ONLY FOR PRIVACY ACT OF 1974
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