RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01495
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His general (under honorable conditions) discharge be
upgraded to honorable.
2. His narrative reason for separation be changed to reflect
something other than Misconduct.
________________________________________________________________
APPLICANT CONTENDS THAT:
It has been difficult for him to gain employment and/or job
interviews with the type of discharge indicated on his DD Form
214, Certificate of Release or Discharge from Active Duty.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 8 Apr 81.
On 8 Jun 83, the applicants commander notified him that he was
recommending his discharge for minor disciplinary infractions.
The reasons for the action included the applicant failing to go
to his appointed place of duty at the time prescribed, being
absent from his place of duty without authority, operating a
vehicle while drunk, and resisting apprehension, for which he
received a Letter of Reprimand (LOR) and two separate
nonjudicial punishment (NJP) actions under Article 15 of the
Uniform Code of Military Justice (UCMJ), respectively.
On 20 Jun 83, the applicant was furnished a general (under
honorable conditions) discharge and was credited with 2 years,
2 months, and 13 days of total active service.
On 22 May 85, the Air Force Discharge Review Board (AFDRB)
reviewed the applicants request to upgrade his discharge, but
denied the request because the discharge was consistent with the
procedural and substantive requirements of the discharge
regulation and was within the discretion of the discharge
authority and the applicant was provided full administrative due
process.
On 13 Jan 14, a request for post-service information was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by this
office (Exhibit E).
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial, indicating there is no evidence of
an error or an injustice. Based on the documentation on file in
the master personnel records, the discharge, to include the
service characterization, was appropriately administered and
within the discretion of the discharge authority. The
applicants record indicates he received counseling regarding
his misconduct and the impact it had on his career. His
commander tried to rehabilitate him by using rehabilitative
tools such as, Article 15 action, formal and informal
counseling. The applicant did not accept responsibilities and
failed to adhere to Air Force policies regarding his misconduct.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 17 Jun 13 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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 discharge on the basis of
clemency; however, in the absence of any evidence related to his
activities since leaving the service, we are not convinced it
would be appropriate to recommend relief be granted on that
basis. In view of the foregoing, and in the absence of evidence
to the contrary, we conclude that no basis exists to grant the
relief sought in this application.
________________________________________________________________
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-2013-01495 in Executive Session on 13 Feb 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Mar 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPSOR, dated 23 May 13.
Exhibit D. Letter, SAF/MRBR, dated 17 Jun 13.
Exhibit E. Letter, AFBCMR, dated 13 Jan 14.
Panel Chair
3
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