RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05633
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
APPLICANT CONTENDS THAT:
He was 17 years old when he joined the military and began drinking
heavily. His discharge was the result of his drinking.
He has evaluated his life and now realizes he was an alcoholic.
He needs his discharge upgraded in order to secure employment with
the Department of Veterans Affairs (DVA).
In support of his request, the applicant provides copies of DD
Form 214CG, Report of Separation from Active Duty and DD Form 214,
Certificate of Release from Active.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 1 Oct 80, the applicant enlisted in the Regular Air Force.
On 10 Sep 82, the applicant was notified by his commander of his
intent to recommend his discharge from the Air Force for frequent
involvements of a discreditable nature under the provisions of AFM
39-12, Separation for Unsuitability, Misconduct, Personal Abuse of
Drugs; Resignation or Request for Discharge for the Good of the
Service; and Procedures for the Rehabilitation Program, Chapter 2,
section B, paragraph 2-15a. The specific reasons for his action
was based on the applicants 10 recorded instances of minor
misconduct, 3 of which were punishable by Article 15 of the
Uniform Code of Military Justice (UCMJ), records of counseling and
a Letter of Reprimand for financial indebtedness. The applicant
acknowledged receipt of the notification of discharge.
After consulting with legal counsel, the applicant submitted an
undated letter in his own behalf.
On 8 Oct 82, the Combat Support Group commander directed that an
Evaluation Officer be appointed to review the applicants case
file, unit personnel records, and all other related papers. The
Evaluation Officer conducted a personal interview and advised the
applicant of the nature of the action and counseled him regarding
it; advised him of his right to submit a rebuttal and make written
statements in his own behalf.
The Evaluation Officer recommended the applicant be discharged
from the Air Force with a general (under honorable conditions)
discharge and be considered for probation and rehabilitation.
On 2 Nov 82, the Staff Judge Advocate (SJA) found the case legally
sufficient to support the Evaluation Officers recommendation for
separation with a general (under honorable conditions) discharge.
However, he did not agree with the recommendation for probation
and rehabilitation. The SJA noted the applicants deficiencies in
conduct were numerous and long-standing as to establish a deep
seated pattern of conduct. Also, it was noted that since he was
unable to break his pattern in the past, there was no reasonable
expectation that he would break it in the future.
On 3 Nov 82, the discharge authority approved the applicants
discharge. On 22 Nov 82, the applicant was discharged for
Misconduct - Frequent Involvement of a Discreditable Nature with
service characterized as general (under honorable conditions). He
served 2 years, 1 month and 22 days of total active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) indicated that on the basis of the information
provided, they were able to locate an arrest record.
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 on the basis of
clemency; however, after considering his overall record of
service, the infractions which led to his administrative
separation and the lack of post-service information we are not
persuaded that an upgrade is warranted on that basis. In view of
the above and absence of evidence to the contrary, we find no
basis upon which 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-2013-05633 in Executive Session on 18 Sep 14, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Dec 13.
Exhibit B. Applicants Master Personnel Records.
3
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