RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01198
COUNSEL: NONE
XXXXXXXXXX HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation (Misconduct Pattern of
Minor Disciplinary Infractions) be changed.
________________________________________________________________
__
APPLICANT CONTENDS THAT:
The punishment he received was unfair. He was reprimanded twice
while stationed in Louisiana. He received his first reprimand
because he was 3 hours late returning from a 72 hour pass. On
his return trip the rear window shattered and it took him 3
hours to get to the base which caused him to be absent without
leave. He received the second reprimand for not adhering to
military standards. A correction to his records will allow him
to receive Department of Veterans Affairs (DVA) services and
health care benefits.
In support of his request the applicant provides a personal
statement, copies of his DD Form 214, Certificate of Release or
Discharge from Active Duty; DD For 4/4, Confirmation of
Enlistment or Reenlistment; and AF Forms 3070, Notification of
Intent to Impose Nonjudicial Punishment.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
__
STATEMENT OF FACTS:
On 22 Sep 1982, the applicant enlisted in the Regular Air Force
for a period of four years.
On 7 Dec 1983, his commander notified him that she was
recommending he be discharged under the provisions of AFR 39-10,
Administrative Separation of Airmen, for minor disciplinary
infractions. The specific reasons for her action are reflected
in the Notification Memorandum at Exhibit B.
On 7 Dec 1983, the applicant acknowledged receipt of the
discharge notification and on 13 Dec 1983, he provided a
statement for consideration.
On 22 Dec 1983, the Staff Judge Advocate found the discharge
legally sufficient.
On 28 Dec 1983, he was discharged from the Air Force with a
general (under honorable conditions) discharge. The narrative
reason for separation was Misconduct-Pattern of Minor
Disciplinary Infraction. He served a total of 1 year, 3 months
and 7 days of active duty.
On 29 Oct 2013, a request for post-service information was
forwarded to the applicant for review and comment within 30 days
(Exhibit C), as of this date, no response has been received by
this office.
________________________________________________________________
__
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 an 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. While the
applicant states the punishment he received was unfair, he has
not provided any evidence which would lead us to believe the
narrative reason for separation he received was in error, unduly
harsh or contrary to the provisions of the governing regulation.
Additionally, we do not believe changing his narrative reason
for separation as requested will make him eligible for DVA
benefits. We recommend the applicant contact the DVA for a
determination of whether or not he is eligible for DVA benefits.
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 5 Dec 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2013-01198:
Exhibit A. DD Form 149, dated 4 Mar 2013, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 29 Oct 2013.
Panel Chair
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