RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00251
COUNSEL: NONE
XXXXXXXXXX HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
APPLICANT CONTENDS THAT:
The letter of appreciation he submitted with his application
should be reviewed by the Board.
The applicant provides no rationale as to why his failure to
timely file should be waived in the interest of justice.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty and a Letter of Appreciation.
The applicants complete submission, with attachments is at
Exhibit A.
STATEMENT OF FACTS:
On 16 February 1980, the applicant enlisted in the Regular Air
Force.
On 6 October 1989, his commander notified him that he was
recommending he be discharged under the provisions of AFR 39-10,
Administrative Separation of Airmen for Irresponsibility in the
Management of Personal Finances.
On 6 October 1989, the applicant acknowledged receipt of the
discharge notification, consulted with counsel and waived his
right to submit a statement in his behalf.
On 16 October 1989, the Staff Judge Advocate found the discharge
legally sufficient.
On 25 October 1989, the discharge authority directed that he be
discharged with a general (under honorable conditions)
discharge. Probation and rehabilitation was considered and
deemed inappropriate.
On 27 October 1989, the applicant received a general (under
honorable conditions) discharge. He served 1 year, 8 months and
12 days on active duty.
Pursuant to the Boards request, the Federal Bureau of
Investigation indicated a criminal history does exist.
On 9 February 2014, 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, in the absence of any evidence related to the
applicants post-service activities, there is no way for us to
determine if the applicants accomplishments since leaving the
service are sufficiently meritorious to overcome the misconduct
for which he was discharged. Therefore, in the absence of
evidence to the contrary, we find no basis 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 this application
in Executive Session on 12 November 2014, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
Due to the unavailability of XXXXXXXXXX, XXXXXXXXXX will sign as
Acting Panel Chair. The following documentary evidence
pertaining to AFBCMR BC-2014-00251 was considered:
Exhibit A. DD Form 149, dated 14 January 2014, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Information Bulletin, dated 9 February 2014.
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