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AF | BCMR | CY2013 | BC-2013-01274
Original file (BC-2013-01274.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-01274
		COUNSEL:  NONE
		HEARING DESIRED:  NO
		

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He does not believe his character of service was necessarily in 
error.  Two years prior to his enlistment, he was diagnosed with 
Attention Deficit Disorder (ADD) and was taking ritalin to 
correct his medical condition.  He did not realize the effects 
of not taking his medication would have on his ability to 
perform military standards. 

He regrets having failed as a member of the Air Force.  He has 
been employed as an electrician for 15 years, raised 3 children 
on his own and is currently taking classes to become a master 
electrician. 

In support of his request, the applicant provides a copy of his 
DD Form 293, Application for the Review of Discharge from the 
Armed Forces of the United States. 

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

_________________________________________________________________

STATEMENT OF FACTS:

On 19 June 1991, the applicant enlisted in the Regular Air 
Force. 

On 26 May 1992, the applicant was notified of his commander’s 
intent to recommend he be discharged from the Air Force under 
the provisions of AFR 39-10, Administrative Separation of Airmen 
for Misconduct – Minor Disciplinary Infractions.  The applicant 
acknowledged receipt of the discharge notification.  For a full 
list of the offenses, see the commander’s notification letter at 
Exhibit B.  

On 28 May 1992, after consulting with counsel, the applicant 
waived his right to submit a statement on his own behalf.  On 
1 June 1992, the Staff Judge Advocate reviewed the case and 
found it legally sufficient to support discharge and recommended 
the applicant be discharged for Misconduct – Minor Disciplinary 
Infractions, with service characterized as general (under 
honorable conditions) without the offer of probation or 
rehabilitation.  In an undated letter, the discharge authority 
approved the applicant’s discharge.  

On 3 June 1992, the applicant was discharged for Misconduct – 
Pattern of Minor Disciplinary Infractions with service 
characterized as general (under honorable conditions) in the 
grade of airman basic.  He served 11 months and 15 days of total 
active 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 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 characterization of the 
applicant’s discharge based on clemency; however, after 
considering his overall record of service and the events which 
precipitated the discharge, we do not find the evidence 
presented is sufficient to compel us to recommend granting the 
relief sought on that basis.  

_________________________________________________________________










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 Docket Number    
BC-2013-01274 in Executive Session on 9 January 2014, under the 
provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 6 March 2013, w/atch. 
	Exhibit B.  Applicant's Master Personnel Records. 




                                   
                                   Panel Chair 

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