RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00106
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
APPLICANT CONTENDS THAT:
He has been a productive member of society since his discharge.
He has held progressively responsible positions of employment
and has attained significant educational accomplishments. He
accepts complete responsibility for the circumstances that
precipitated his discharge, which arose from intense anxiety
that caused him to indulge in alcohol to self-medicate.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 06 Jan
89.
On 14 Sep 92, the applicant was notified by his commander of his
intent to recommend a general discharge for unsatisfactory
performance under the provisions of AFR 39-10, para 5-32. The
reason for this action was that he failed to successfully
complete Tract 4 of the Substance Abuse Rehabilitation and
Treatment (SART) program. The following facts led up to his
discharge:
a. On or about 26 Apr 92, the applicant was arrested by
local police for erratic driving and suspicion of driving while
under the influence of alcohol.
b. On 04 Jun 92, the applicant was convicted for reckless
driving, for which he received 3 years of probation and fines in
excess of $600.00. For this misconduct, the applicant received
a Letter of Reprimand (LOR), and was placed on the control
roster.
c. On or about 11 Aug 92, the applicant refused to
participate in and enter the in-patient Alcohol Rehabilitation
Center (ARC).
On 25 Sep 92, the applicant was furnished a general discharge,
and was credited with 3 years, 8 months, and 20 days of active
service.
On 26 Oct 93, the applicant applied to the Air Force Discharge
Review Board (AFDRB) to have his discharge upgraded to
Honorable. On 27 Jan 94, the AFDRB denied his request,
concluding that discharge was consistent with the procedural and
substantive requirements of the discharge regulation and was
within the discretion of the discharge authority and that he was
provided full administrative due process.
On 28 Apr 14, a request for post-service information was
forwarded to the applicant for review and comment within 30 days
(Exhibit C). As of this date, no response has been received by
this office.
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, we do not find the evidence presented is
sufficient for us to conclude that the applicants post-service
activities warrant such consideration. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
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-2014-00106 in Executive Session on 21 Nov 14 under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Jan 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 28 Apr 14.
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