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AF | BCMR | CY2013 | BC-2013-01961
Original file (BC-2013-01961.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-01961
		COUNSEL: NONE
		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He deserves to have his discharge upgraded.

The applicant did not provide any documentation in support of 
his request. 

The applicant's submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 9 Jan 86, the applicant enlisted in the Regular Air Force. 

On 10 Sep 90, the applicant was notified of his commander’s 
intent to recommend he be discharged from the Air Force under 
the provisions of AFI 39-10, Administrative Separation of 
Airmen, for Minor Disciplinary Infractions.  He acknowledged 
receipt of the notification of discharge; waived his right to 
consult with counsel; and to submit a statement on his own 
behalf.  For a full accounting of the offenses, see the 
commander’s notification letter at Exhibit B.  

On 11 Sep 90, the Staff Judge Advocate reviewed the case and 
found it legally sufficient and recommended the applicant 
receive a general (under honorable conditions) discharge without 
the offer of probation or rehabilitation.

On 12 Sep 90, the discharge authority approved the applicant’s 
discharge.  On 13 Sep 90, the applicant was discharged for 
“Misconduct – Pattern of Minor Disciplinary Infractions” with 
service characterized as general (under honorable conditions).  
He served 4 years, 7 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, the infractions which 
led to his administrative separation, we are not persuaded that 
an upgrade is warranted.  In view of the above and in the 
absence of evidence to the contrary, we find no basis upon which 
to recommend granting the relief sought.

________________________________________________________________

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 AFBCMR Docket 
Number BC-2013-01961 in Executive Session on 27 Jan 14, under 
the provisions of AFI 36-2603:

				Panel Chair
      Member
			Member





The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-01961 was considered:

	Exhibit A.  DD Form 149, dated 10 Apr 13
	Exhibit B.  Applicant's Master Personnel Records.




								
								Panel Chair

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