RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05360
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to honorable.
APPLICANT CONTENDS THAT:
He has been a productive member of society since his discharge.
He has held progressively responsible positions of employment
and has attained significant educational accomplishments. He
accepts complete responsibility for the circumstances that
precipitated his discharge, which arose from deep personal
turmoil that caused him to indulge in alcohol and marijuana. He
was fortunate that a random urinalysis test revealed these
issues in that it made him see that he was on a destructive
path.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
According to the applicants military personnel records, he
initially entered the Regular Air Force on 8 Feb 77 and served
on active duty until 6 Apr 90, when he was furnished a general
(under honorable conditions) discharge for misconduct pattern
of discreditable involvement with civil or military authorities.
He was credited with 13 years, 1 month, and 17 days of total
active service, but charged with lost time during the period
16 Mar 90 through 27 Mar 90. A copy of the applicants
discharge package is not available; therefore, the exact
circumstances that precipitated the applicants discharge could
not be verified.
On 27 Jun 14, 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 applicants 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. We
note the applicants military personnel records do not include a
copy of the discharge package for our review. Therefore, the
facts surrounding his separation and character of service could
not be verified. However, based on the presumption of
regularity in the conduct of governmental affairs, absent
evidence to the contrary, we must assume that his discharge, to
include his service characterization and narrative reason for
separation, were proper and in compliance with the directive
under which it was effected. In the interest of justice, we
considered upgrading the discharge on the basis of clemency;
however, we do not find the evidence presented is sufficient for
us to recommend granting the relief sought on that basis at this
time. In this respect, we note that Congress' intent in setting
up the Veterans Benefits Program was to express thanks for
Veterans' personal sacrifice, separations from family, facing
hostile enemy action, and suffering financial hardship. It
would be unfair to all those who served honorably to extend
those Veterans benefits to someone who committed acts of
misconduct while on active duty. For these reasons, this Board
very carefully weighs requests to upgrade the character of a
discharge and, in doing so, carefully considers whether the
impact of an applicant's contributions to his or her community
since leaving the service are substantial enough for us to
conclude they overcome the misconduct which precipitated the
discharge, and whether or not an upgrade of the discharge would
create a larger injustice to those who served under honorable
conditions and earned the characterization of service the
applicant seeks. While the applicant has provided a single
supporting statement and copies of records related to his
academic accomplishments, we do not find this documentation
sufficient for us to conclude that the impact of his activities
since leaving the service on his community are sufficient to
overcome the misconduct for which he was discharged.
Additionally, a key component of this determination is whether
or not an applicant has a criminal record. Without an arrest
record from the Federal Bureau of Investigations (FBI), we
cannot conclusively determine if his activities since leaving
the service outweigh the misconduct which precipitated his
discharge. Therefore, in view of the above, we are unable to
recommend granting relief at this time. However, should the
applicant provide evidence related to his involvement in the
community and an FBI arrest record, we would be willing to
reconsider his request based on new evidence. Therefore, in
view of the above, 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-2013-05360 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 11 Nov 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 27 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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