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AF | BCMR | CY2013 | BC-2013-01060
Original file (BC-2013-01060.txt) Auto-classification: Denied
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01060
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

His character of service is unjust.  He was involved in a fight, 
in self-defense, with another security policeman and because of 
their jobs they came down hard on them; however, he did not 
start the fight.

In support of his appeal, the applicant provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, issued in conjunction with his 9 Nov 84 separation.

The applicant’s complete submission, with attachment, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 25 Oct 84, the squadron commander notified the applicant of 
administrative discharge action for a pattern of minor 
disciplinary infractions.  For a full list of the offenses, 
please see the commander’s notification letter at Exhibit B.  
After consulting with counsel and having been advised of his 
rights, the applicant submitted statements in his own behalf.  
The staff judge advocate found the case file legally sufficient 
and recommended the applicant receive a general discharge 
without probation and rehabilitation (P&R).  On 9 Nov 84, the 
discharge authority approved the general discharge without P&R.

On 9 Nov 84, the applicant was discharged by reason of 
misconduct – pattern of minor disciplinary infractions, with 
service characterized as general (under honorable conditions).  
He was credited with 1 year, 10 months, and 25 days of active 
duty service.  

________________________________________________________________

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.  Considering the 
applicant’s overall record of service, the numerous infractions 
which led to his administrative separation and the lack of post-
service documentation, we are not persuaded that an upgrade of 
the characterization of his discharge on the basis of clemency 
is warranted.  Should the applicant provide additional 
information, e.g., post-service documentation to support his 
claim, we would be willing to reconsider his request.  
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 material 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-2013-01060 in Executive Session on 19 Dec 13, under 
the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Feb 13, w/atch. 
    Exhibit B.  Applicant's Master Personnel Records.




                                   Panel Chair


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