RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05729
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to an honorable discharge.
APPLICANT CONTENDS THAT:
His record be corrected to full honorable due to the fact that
he was a very young age at the time of the incident. Prior to
his tour in Cuba, he was a bright airman with military career
aspirations. He self-medicated with alcohol after what he
witnessed in Cuba. He felt he was unjustly punished. He has been
a productive citizen since.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
18 Jun 93.
On 15 Mar 96, the applicant was notified by his commander of his
intent to recommend his discharge for Misconduct: conduct
prejudicial to good order and discipline, under the provisions
of AFPD 36-32 and AFI 36-3208, Section H, Paragraph 5.50.2. The
reasons for the action were one instance of failure to go at the
time prescribed to his appointed place of duty and one instance
of failing to obey a lawful order to report to duty, for which
he was twice punished under Article 15 of the Uniform Code of
Military Justice (UCMJ).
On 29 Feb 96, the suspended portion of the nonjudicial
punishment related to a reduction to the grade of airman (E-2)
was vacated and the demotion action was executed. The reasons
for this action were the applicant disobeyed a lawful order by
using his United States government American Express credit card
for personal expenses, wrongful possession of an alcoholic
beverage while under the age of twenty-one, and overindulged in
intoxicating liquor or drugs incapacitating him from the proper
performance of his duties.
On 29 Mar 96, the discharge case was found legally sufficient
and the discharge authority approved the commanders
recommendation on 1 Apr 96, directing the applicants discharge.
On 3 Apr 96, the applicant was furnished a general (under
honorable conditions) discharge, and was credited with 2 years,
9 months, and 16 days of active service.
On 15 Oct 14, 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, we do not find the evidence presented is
sufficient for us to conclude that the applicants post-service
activities 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-2013-05729 in Executive Session on 21 Nov 14, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Dec 13, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 15 Oct 14.
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