RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00412
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was informed that his discharge would be automatically upgraded 6 months after separation.
In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty.
The applicants complete submission, with attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 29 Mar 1979, the applicant entered active duty.
On 24 Jun 1982, the applicants commander notified him that he was initiating action to discharge him from the Air Force for a pattern of misconduct. For a full list of the offenses, please see the commanders notification letter at Exhibit B.
On 8 Jul 1982, after consulting with an evaluation officer, the applicant submitted a statement in his own behalf.
On 12 Jul 1982, the staff judge advocate found the case file legally sufficient and recommended the applicant receive a general discharge.
On 30 Jul 1982, he was discharged with service characterized as general (under honorable conditions) for Misconduct-Frequent Involvement of a Discreditable Nature.
He served on active duty for three years, four months and two days.
On 22 Oct 2013, the AFBCMR staff offered the applicant an opportunity to provide information pertaining to his activities since leaving the service. In response to the request, the applicant states that his father was a violent and abusive alcoholic. He was 14 when his parents divorced and he went to live with his grandparents. He was then kidnapped by his father and lived in Florida for five or six months until his mother got them back. For as long as he can remember, he wanted to serve in the Air Force and had a keen interest in military aircraft. He enlisted in the Air Force out of high school and could not be happier but had a drinking problem that he did not know existed at the time. Since coming home, he has had two Driving Under the Influence (DUI) arrests. He has since quit drinking, worked in the automotive service industry for 25 years. He has been married for 26 years and has helped raise two children. After being laid off, he returned to school to learn sheet metal and fulfill his dream of working on military planes. He completed his Associates degree with a 3.5 Grade Point Average (GPA) and got a job at Robins Air Force Base, Georgia, as a Wage Grade (WG) employee where has worked for three years. He was recently promoted to journeyman and possesses a Secret clearance. He regrets everything he did while in the Air Force. He has learned that he cannot live in the past but can learn from the mistakes he has made and when possible, teach others not to do the things that he has done.
The applicant provides a personal statement, letters of support, Air Force Forms 860A, Civilian Rating of Record, letter of security clearance verification, training certificates and various other documents associated with his request.
His complete submission with attachments is at Exhibit D.
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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 during the discharge process. 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 characterization of the applicants discharge based on clemency; however, after considering his overall record of service and the post-service documentation provided by the applicant, we are not persuaded that an upgrade on this basis is warranted. Therefore, in view of the above and in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought.
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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.
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The following members of the Board considered Docket Number BC-2013-00412 in Executive Session on 5 Dec 2013, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Apr 2011, w/atch.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 22 Oct 2013.
Exhibit D. Letter, Applicant, dated, 16 Nov 2013, w/atch.
Panel Chair
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