RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-00475
		COUNSEL: NONE 
		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

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

2.  His GI Bill benefits be reinstated. 

3.  In an undated letter, the applicant amended his request to correct his records to make him eligible for award of the Air Force Good Conduct Medal (AFGCM). 

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APPLICANT CONTENDS THAT:

He did not have a history of disciplinary infractions.  When he “broke red” at the Air Force One hangar it was an honest mistake.  His actions were not deserving of anything other than an honorable discharge.  

He paid for the GI Bill program and did not deserve to lose his benefits.  He is proud of his service and served his country honorably. 

The applicant did not provide any documentation in support of his request.  

The applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 12 Jan 88, the applicant enlisted in the Regular Air Force. 

On 11 Sep 91, the applicant was notified of his commander’s intent to recommend he be discharged from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airmen, for Minor Disciplinary Infractions.  The applicant acknowledged receipt of the discharge notification and after consulting with counsel, submitted a statement on his own behalf.  For a full list of the offenses, please see the commander’s notification letter at Exhibit B.  

On 8 Oct 91, the Staff Judge Advocate reviewed the case and found it legally sufficient to support discharge and recommended the applicant receive a general (under honorable conditions) discharge without the offer of probation or rehabilitation.  

On 10 Oct 91, the discharge authority approved the applicant’s discharge.  On 21 Oct 91, the applicant was discharged for misconduct with service characterized as general (under honorable conditions) in the grade of senior airman.  He served 3 years, 9 months and 10 days of total active duty service. 

On 6 Sep 13, the applicant was offered an opportunity to provide information pertaining to his activities since leaving the service (Exhibit C).  The applicant stated that after he was discharged he lived in the Washington, District of Columbia (DC) area and worked as a process server for three area law firms. The work was dangerous but he enjoyed traveling to different neighborhoods and towns within the area.  The DC area became very expensive, so he moved to Pennsylvania to live with his family.  

He worked in the restaurant industry for two years before taking a job at the local sporting goods store, operating an embroidery machine.  He became “hooked” on garment decoration and currently owns his own print shop business.

His time in the military was the first step towards achieving his goal of becoming a successful garment decorator.  Wearing the United States Air Force uniform was always something that created a deep sense of pride within him.  The embroidered patches that signified his unit and rank became the inspiration that he still has today.  

He regrets the circumstances which led to his early discharge.  It was a time of youthful decision-making and lack of recognition that led him to overlook the importance of having his discharge reflect in an honorable fashion.  

The reasons listed in his general (under honorable conditions) discharge were not related.  Nor does it represent a pattern of disciplinary infractions.  The mistakes he made were innocent.

The applicant pleads with the Board to upgrade his discharge classification to that of an honorable discharge, reinstate his GI Bill eligibility and AFGCM qualification.

The Air Force Good Conduct Medal (AFGM) is awarded to Air Force enlisted personnel during a three-year period of active military service or for a one-year period of service during a time of war. Airmen awarded this medal must have had character and efficiency ratings of excellent or higher throughout the qualifying period including time spent in attendance at service schools, and there must have been no convictions of court martial during this period. Air Force personnel who were previously awarded the Army Good Conduct Medal and after June 1, 1963 qualified for the Air Force Good Conduct Medal could wear both medals.

The applicant’s complete submission, with attachment, 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 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 characterization of the applicant’s discharge based on clemency; however, after considering his overall record of service, the events which precipitated the discharge, and his post service information; we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis.  Regarding the applicant’s request to reinstate his GI Bill benefits, since we find no error in his discharge processing, no basis exists upon which to reinstate his GI Bill benefits.  While the applicant request award of the AFGCM, airmen awarded this medal must have character and efficiency ratings of excellent throughout the qualifying periods.  The evidence of record reflects that the applicant was not capable of meeting Air Force standards, as such, we find no basis to recommend award of the AFGCM.  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.

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 issues involved. Therefore, the request for a hearing is not favorably  considered.

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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 AFBCMR Docket Number BC-2013-00475 in Executive Session on 15 Oct 2013, under the provisions of AFI 36-2603:

				Panel Chair
      Member
			Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 20 Jan 12.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBC, dated 6 Sep 13.
	Exhibit D.  Letter, Applicant, undated, w/atch.




									
									Panel Chair