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 applicants 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 commanders
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 commanders 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 applicants 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
applicants 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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