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AF | BCMR | CY2013 | BC-2013-00150
Original file (BC-2013-00150.txt) Auto-classification: Denied


RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00150
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded 
to honorable.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

During the time period in question, he was under duress due to a 
divorce and was not able to focus on the task at hand.  He 
regrets his actions during that time.  For the last 20 years he 
has been a productive citizen and has not had any issues with 
the legal system.

The applicant provides no documentation in support of his 
appeal.

The applicant's complete submission is at Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 15 March 
1983.

The applicant was notified by his commander of his intent to 
recommend that he be discharged from the Air Force under the 
provisions of AFR 39-10 (Unsatisfactory Performance).  The 
specific reasons follow:

	  a.  The applicant received two Letters of Reprimand (LORs) 
for being late for work three times between the dates of 
29 October 1984 and 2 November 1984.  He was also late on 
8 November 1984 and 9 November 1984.

	  b.  The applicant received three Letters of Counseling 
(LOCs) for failing to complete assigned duties in a timely 
manner, failing to properly complete assigned duties, and for 
being 25 minutes late for duty.



He was advised of his rights in this matter and elected not to 
provide a statement on his own behalf.  In a legal review of the 
case file, the assistant staff judge advocate found the case 
legally sufficient and recommended discharge.  The discharge 
authority concurred with the recommendation.  The applicant was 
discharged with a general (under honorable conditions) discharge 
on 22 July 1985.  He served 2 years, 4 months and 8 days on 
active duty.

________________________________________________________________
_

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, based on the evidence before us, we find no 
basis to grant clemency at this time.  Therefore, in the absence 
of evidence to the contrary, we find no basis upon which to 
recommend granting the relief sought.

________________________________________________________________
_

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an 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-2013-00150 in Executive Session on 17 October 2013, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 31 December 2012.
  Exhibit B.  Applicant’s Master Personnel Records.




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