RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03603
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was given a conditional offer of employment that was later
rescinded solely due to his discharge status.
His record was impeccable prior to his involvement with his
flight chief who seemed to have a personal vendetta against him.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 6 Jul 1990, the applicant enlisted in the Regular Air Force.
On 23 May 1994, his commander notified him he was recommending
he be discharged under the provisions of AFR 39-10, Administrative Separation of Airmen, for a pattern of
disciplinary infractions. The specific reasons for his action
are reflected in the Notification Memorandum at Exhibit B.
On 23 May 1994, the applicant acknowledged receipt of the
discharge notification and provided a personal statement and
numerous character letters.
On 7 Jun 1994, the Staff Judge Advocate found the discharge
legally sufficient.
On 9 Jun 1994, the applicant was discharged from the Air Force,
with a service characterized as general (under honorable
conditions). He served 3 years, 11 months, and 3 days of total
active service.
On 1 Apr 2013, a request for post-service information was
forwarded to the applicant for review and comment within 30 days
(Exhibit C).
In further support of his request the applicant provided,
through his senator, a brief history of his life and two
character references.
His complete submission, with attachments, is at Exhibit D.
________________________________________________________________
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 in this application.
________________________________________________________________
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 this application
in Executive Session on 21 May 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2012-03603:
Exhibit A. DD Form 149, dated 10 Aug 2012, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 1 Apr 2013, w/atch.
Exhibit D. Letter, Applicant, 22 Apr 2013, w/atchs.
Panel Chair
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