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AF | BCMR | CY2013 | BC-2013-01495
Original file (BC-2013-01495.txt) Auto-classification: Denied
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 applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 8 Apr 81.

On 8 Jun 83, the applicant’s 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 applicant’s 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 
applicant’s 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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