RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04452
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He has been an outstanding citizen since his discharge and
volunteers in his community. Moreover, he has been employed
with several companies that can attest to his character.
In support of his request, the applicant provided copies of his
Certificates of Merit.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 25 Aug 1989, the applicant enlisted in the Regular Air Force.
On 31 Jul 1991, his commander notified him that he was
recommending he be discharged under the provisions of AFR 39-10, Administrative Separation of Airmen, for minor disciplinary
infractions. The specific reasons for his action are reflected
in the Notification Memorandum at Exhibit B.
On 12 Aug 1991, the Staff Judge Advocate found the discharge
legally sufficient.
On 16 Aug 1991, the applicant was discharged from the Air Force,
with service characterized as general (under honorable
conditions). He served 1 year, 11 months, and 2 days of total
active service.
On 13 May 2013, a request for post-service information was
forwarded to the applicant for review and comment within 30 days
(Exhibit C). On 29 May 2013, the applicant provided numerous
post service documents for the Boards consideration.
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. In the interest of justice, we considered upgrade of
his discharge based on clemency; however, while the applicant
states he has been an outstanding citizen since his discharge,
volunteers in his community and has provided some post-service
documents, we find the submitted documentation insufficient to
warrant an upgrade on this basis. Should he provide statements
from community leaders, supervisors, and acquaintances attesting
to his good character and reputation and other evidence of
successful post-service rehabilitation, we would be willing to
reconsider his request. In view of the above, we find no basis
to warrant favorable action on 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 20 Jun 2013, under the provisions of AFI
36-2603:
, Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2012-04452:
Exhibit A. DD Form 149, dated 19 Sep 2012, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 13 May 2013, w/atch.
Exhibit D. Letter, Applicant, dated 29 May 2013, w/atchs.
Chair
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