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 commanders
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
commanders 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 applicants
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
applicants 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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