RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05636
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded
to an Honorable Discharge.
APPLICANT CONTENDS THAT:
He cannot take back his past actions, he does not want to have
to explain to his children, who may want to join the military,
why he does not have an honorable discharge.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 2 July
1984.
On 28 May 1985, applicant was notified by his commander of his
intent to recommend his discharge for Misconduct for Pattern of
Minor Disciplinary Infractions under the provisions of AFR 39-
10, paragraph 5-46. The reasons for the action are as follows:
on 19 September 1984, the applicant received a Letter of
Reprimand for being drunk on station; on 22 March 1985, he
received an Article 15 for disorderly conduct, and on 10 May
1985, he was found to again be drunk on station.
On 31 May 1985, after consulting with legal counsel, the
applicant waived his right to submit statements or rebuttal.
On 14 June 1985, the applicant was furnished a general
discharge, and was credited with 11 months and 1 day of active
service.
On 15 October 2014, a request for post-service information was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by this
office. (Exhibit C).
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 warrant such consideration. 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 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-2013-05636 in Executive Session on under the
provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-05636 was considered:
Exhibit A. DD Form 149, dated 5 Dec 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 15 Oct 14, w/atch.
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