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AF | BCMR | CY2013 | BC 2013 05633
Original file (BC 2013 05633.txt) Auto-classification: Denied
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 Veteran’s 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 applicant’s 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 applicant’s 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 applicant’s 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 Officer’s 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 applicant’s 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 applicant’s 
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 Board’s 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.  Applicant’s Master Personnel Records.


3

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