RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05805
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to honorable.
APPLICANT CONTENDS THAT:
He was unjustly discharged without proper investigation, representation, or regard for his well-being. Mental health counseling during his incarceration revealed that his substance abuse problems developed and increased during his enlistment.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
According to the applicant's military personnel records, he initially entered the Regular Air Force on 7 Apr 82.
On 8 May 84, the applicant's commander notified him of his intent to recommend his discharge for a pattern of misconduct - conduct prejudicial to good order and discipline. The reasons for the action were as follows:
a. On 24 Apr 84, the applicant was given an Article 15 for assault on a non-commissioned officer, in the execution of her office by pulling a switch blade knife on her and being drunk and disorderly on station.
b. On 18 Apr 84, the applicant received a vacation of suspension of non-judicial punishment dated 30 Jan 84, for violating a lawful general regulation.
c. On 18 Jan 84, the applicant was given an Article 15 for sleeping at his post.
d. On 6 Dec 83, the applicant received a letter of counseling for alleged assault and provoking speech and gestures.
On 14 May 84, after consulting with legal counsel, the applicant acknowledged receipt of the action and submitted a supporting statement on his own behalf.
On 22 May 84, the case was found legally sufficient and, on 1 Jun 84, the discharge authority directed the applicant be immediately discharged.
On 18 Jun 84, the applicant was furnished a general (under honorable conditions) discharge for misconduct and was credited with 2 years, 2 months, and 12 days of total active service.
On 27 Oct 14, a request for post-service information was forwarded to the applicant for review and response 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 are sufficiently meritorious to overcome the misconduct for which he was discharged. 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-2013-05805 in Executive Session on 18 Dec 14, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Dec 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 27 Oct 14.
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