RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05845
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded
to an Honorable Discharge.
APPLICANT CONTENDS THAT:
The applicant states that outside the period leading to the
discharge, he had an outstanding record of service. He is
applying for benefits from the Department of Veterans Affairs
(DVA). It was recommended he seek an upgrade of his discharge.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
11 Jul 78.
On 2 Jun 83, the applicant was notified by his commander of his
intent to recommend his discharge for misconduct under the
provisions of AFR 39-10, chapter 5, section H, paragraph 5-47a.
The reasons for this action were as follows: the applicant
received an Article 15, dated 22 Mar 83, for being incapacitated
for the proper performance of duties; a police report, dated
13 Mar 83, for suicidal gesture; (Air Force Office of Special
Investigation) report of investigation, dated 31 Jan 83,
revealed civilian charges of burglary/battery in civilian court,
which were changed by the sheriffs department from
battery/burglary incident to trespassing occupied structure; an
Article 15, dated 23 Feb 83, for being incapacitated for proper
performance of duties due to intoxication; an Article 15, dated
7 Dec 82, for failure to go to prescribed place of duty, a
Record of Individual Counseling (RIC) for failure to get a
haircut, and notification of bad checks from the Noncommissioned
Officer (NCO) Club on 7 Apr 82 and Eglin AFB Exchange dated
16 Mar 83.
On 3 Jun 83, after consulting with legal counsel the applicant
waived his right to submit statements or rebuttal.
On 19 Feb 85, the applicant was furnished with a general
discharge (under honorable conditions), and was credited with
4 years, 11 months, and 26 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, due to the applicants failure to provide
information regarding his post-service activities, we cannot
conclude that such consideration is warranted. 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-2013-05845 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 13 Dec 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 15 Oct 14.
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