RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00654
COUNSEL: NONE
XXXXXXX HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
His record of service in the Air Force was honorable.
In support of his request, the applicant provides a personal
statement and copies of his DD Form 214, Certificate of Release
or Discharge from Active Duty and DD Form 215, Correction to DD
Form 214.
His complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 12 Jun 1979, the applicant enlisted in the Regular Air Force
for a period of four years.
On 12 Mar 1980, his commander notified him that he was
recommending he be discharged under the provisions of AFM 39-12,
Separation for Unsuitability, Unfitness, Misconduct,
Resignation, or Request for Discharge for the Good of the
Service and Procedures for the Rehabilitation Program, for
fraudulent enlistment in the Air Force. The reason for this
action was that at the time of his enlistment, he willfully and
wrongfully concealed a record of prior service in the Army which
would have made him ineligible for enlistment in the Air Force
under directives in effect at time of enlistment.
On 12 Mar 1980, the applicant acknowledged receipt of the
discharge notification and on 25 Mar 1989, he provided a
rebuttal to the Administrative Discharge Action.
On 1 Apr 1980, the Staff Judge Advocate found the discharge
legally sufficient.
On 4 Apr 1980, the applicant was discharged with a general
(under honorable conditions) discharge.
On 4 Dec 2013, a request for post-service information was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by this
office (Exhibit C).
________________________________________________________________
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, we do not find the evidence presented is
sufficient to compel us to recommend granting additional 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.
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 issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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 27 Jan 2014, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2013-00654:
Exhibit A. DD Form 149, dated 4 Feb 2013, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, undated, w/atch.
Panel Chair
2
2
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