RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00491
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His general under honorable conditions discharge be upgraded to
honorable.
APPLICANT CONTENDS THAT:
He was fighting an unjust charge of hit and run as well as driving
under the influence. He claims there was no evidence and the
military police brought four drunken GIs to his house before they
made statements. His first sergeant was following him and asking
others about his location before setting him up the morning of his
discharge board.
The applicant believes the Board should find it in the interest of
justice to consider his untimely application because having less
than an honorable discharge has hindered him in obtaining
government employment and contract jobs.
He signed his discharge paperwork; however, he could have stayed
in the Air Force and retired with an honorable discharge.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 21 May
80.
On 26 Sep 90, he received and acknowledged, a Notification Letter
Board Hearing from his squadron commander that he was
recommending him for administrative discharge under AFR 39-10,
Airman Separation Manual,, Chapter 5, Section H, paragraph 5-47b,
Misconduct Conduct Prejudicial to Good Order and Discipline,
without probation or rehabilitation. The basis for the action
were two Articles 15 for which he received non-judicial punishment
under the Uniformed Code of Military Justice (UCMJ); one for his
curfew violation on 7 Nov 82 and the other for operating his
vehicle while intoxicated and striking a fellow airman with the
vehicle on 24 Aug 90.
On 26 Nov 90, he received a Letter of Reprimand (LOR) for
violating the base escort policy, leaving a guest he signed in to
his dormitory, unescorted. Investigation revealed he had signed
his guest in during duty hours on three separate occasions. His
misconduct was punishable under Article 92 of the UCMJ.
On 4 Dec 90, the applicant waived his right to a hearing before
the administrative discharge board, conditional upon his receipt
of not less than a general discharge. On 19 Dec 90, the Judge
Advocate found the administrative discharge action legally
sufficient.
On 8 Jan 91, the discharge authority approved his commanders
recommendation for administrative discharge, indicating his
misconduct did not meet minimally acceptable standards within the
Air Force. The applicant acknowledged receipt on 11 Jan 91.
On 22 Jan 91, the applicant received a general (under honorable
conditions) discharge and was credited with 10 years, 8 months,
and 2 days of active service.
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, to include his
rebuttal response, 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 to recommend granting relief on
that basis. 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-2014-00491 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 3 Jan 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Information Bulletin
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
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