RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03513
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He honorably served during his enlistment. His family was going
through a difficult time.
He requested to be released because he felt he was not mature
enough to balance the burdens of his family with maintaining Air
Force standards.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 6 Aug 93, the applicant entered active duty in the Regular Air
Force.
On 15 Feb 96, the applicant was notified by his squadron
commander that he was recommending his discharge from the Air
Force for misconduct. The basis for the proposed action were:
1) On 20 Nov 95, he received a Letter of Reprimand (LOR) and
Unfavorable Information File (UIF) for failure to make proper
restitution to a creditor within the established parameters; 2)
On 16 Jan 96, he again received a LOR and UIF action for failure
to make proper restitution to a creditor; 3) On 25 Jan 96, he
received an Article 15 for dishonorably failing to pay a debt.
The punishment imposed was a reduction to the grade of airman and
seven days extra duty; and 4) On 31 Jan 96, he received an LOR
for failing to maintain his quarters in inspection order.
On 20 Feb 96, the applicant acknowledged receipt of the discharge
notification, and after consulting with legal counsel, submitted
a statement in his own behalf.
The base legal office reviewed the case and found it legally
sufficient to support separation and recommended that he receive
a general discharge without probation and rehabilitation.
On 28 Feb 96, the applicant was discharged under the provisions
of AFI 36-3208, Administrative Separation of Airmen, for
misconduct, and received a general (under honorable conditions)
discharge. He served on active duty for a period of 2 years,
6 months and 23 days.
On 4 Dec 99, the applicant applied to the Air Force Discharge
Review Board (AFDRB) requesting that his discharge be upgraded to
honorable and that his narrative reason for separation and
reentry code be changed. After reviewing the evidence of record,
the AFDRB concluded that no upgrade in discharge or change of
reason for discharge and change of RE code was warranted.
On 28 Feb 13, a request for information pertaining to his post-
service activities was forwarded to the applicant for response
within 30 days (Exhibit C). As of this date, no response has
been received by this office.
_________________________________________________________________
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 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 to
compel us to recommend granting the relief sought on that basis.
Therefore, in the absence of evidence to the contrary, we find no
basis upon which to recommend granting the relief sought.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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 Docket Number
BC-2012-03513 in Executive Session on 30 Apr 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Jul 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBC, dated 28 Feb 13.
Panel Chair
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