RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00503
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
__
APPLICANT CONTENDS THAT:
His discharge was inequitable because it was based on an
isolated incident. He had no other adverse actions and received
numerous awards during his service. Moreover, he is unable to
obtain services he deserves as a veteran.
In support of his request the applicant provides a copy of DD
Form 293, Application for the Review of Discharge from the Armed
Forces of the United States.
His complete submission, with attachment, is at Exhibit A.
________________________________________________________________
__
STATEMENT OF FACTS:
On 29 Jul 1982, the applicant enlisted in the Regular Air Force
for a period of four years.
On 6 Nov 1986, his commander notified him that he was
recommending he be discharged under the provisions of AFR 39-10,
Administrative Separation of Airmen. The specific reason for
his action is reflected in the Notification Memorandum at
Exhibit B.
On 6 Nov 1986, the applicant acknowledged receipt of the
discharge notification.
On 26 Nov 1986, the Staff Judge Advocate (SJA) found the
discharge legally sufficient.
On 19 Feb 1986, the SJA requested the applicant be placed on
administrative hold due to his inappropriate conduct and false
statements during out-processing.
On 24 Feb 1987, he was discharged from the Air Force with a
general (under honorable conditions) discharge. The narrative
reason for separation was Misconduct-Drug Abuse. He served a
total of 4 years, 6 months and 26 days of active duty.
On 20 Sep 2013, a request for post-service information was
forwarded to the applicant for review and comment within 30 days
(Exhibit C).
On 5 Oct 2013, the applicant provided an extensive personal
statement regarding the events that led to his discharge. When
he joined the military at the age of 18, he had a wife and a new
baby. His father had been a doctor in the Air Force and his
brother just came back from his duty in the Army. Although he
feels it was not justified at the time; he admits his mistake
and has suffered the consequences with the type of discharge he
received. He has lived a humble life and has been happily
married for over 31 years. He has not done anything
spectacular; however, he is very proud that he has raised two
very strong happy children. He and his wife are proud Catholics
and believe in a strict and loving environment. His son is a
successful engineer and his daughter is in her second year of
college. He would hate for his discharge to affect the future
of his children. He is a model citizen and takes pride in his
character and reputation. He did not allow a bad situation to
hinder his family's future. In further support of his request,
the applicant also provides a statement from his wife who
asserts that he has more integrity than anyone she knows. They
have lived a modest and happy life raising their children who
have promising futures that will benefit the community. Her
husband has built a strong and lasting career as a Network
Engineer with Motorola. She beseeches the Board to upgrade his
discharge and give him the clemency he deserves.
His complete response, with attachment, 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, to include his response
to the post service request, 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 29 Oct 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2013-00503:
Exhibit A. DD Form 149, dated 25 Jan 2013, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 20 Sep 2013.
Exhibit D. Letter, AFBCMR, dated 5 Oct 2013, w/atch.
Panel Chair
2
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