RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00057
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. His general (under honorable conditions) discharge be upgraded to honorable.
2. He be awarded Operation Desert Shield/Desert Storm medals. (Administratively corrected).
APPLICANT CONTENDS THAT:
He was unjustly discharged.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
According to the applicant's military personnel records, he initially entered the Regular Air Force on 02 Oct 85 and served on active duty until 28 Apr 92 when he was furnished an general (under honorable conditions) discharge for misconduct - pattern of conduct prejudicial to good order and discipline. He was credited with 6 years, 6 months, and 27 days of total active service. A copy of the applicant's discharge package is not available; therefore the exact circumstances that precipitated his discharge could not be verified.
On an unspecified date in May 2014, AFPC/DPSID determined the applicants entitlement to the Southwest Asia Service Medal with two Bronze Stars, Kuwait Liberation Medal Saudi Arabia, and the Kuwait Liberation Medal - Kuwait and corrected his records administratively (Exhibit C).
On 21 Jul 14, a request for post-service information was forwarded to the applicant for review and response 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 an 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 based on clemency; however, in the absence of any evidence related to the applicants post-service activities, we could not determine if such consideration is warranted. We note the Air Force office of primary responsibility has verified the applicants entitlement to the Southwest Asia Service Medal with two Bronze Stars, Kuwait Liberation Medal Saudi Arabia, and the Kuwait Liberation Medal - Kuwait and corrected his records administratively. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting relief beyond that rendered administratively.
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-2014-00057 in Executive Session on 21 Nov 14, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Jan 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSO, dated May 14.
Exhibit D. Letter, AFBCMR, dated 21 Jul 14.
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