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 applicants 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 commanders 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
applicants 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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