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AF | BCMR | CY2014 | BC 2014 00727
Original file (BC 2014 00727.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00727

			COUNSEL:  NONE

			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His General (Under Honorable Conditions) discharge be upgraded 
to Honorable.


APPLICANT CONTENDS THAT:

He served honorably and points out the fact he was never demoted 
or sentenced to Correctional Custody; therefore, he believes his 
characterization of discharge should reflect Honorable.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 26 Dec 
79.

On 27 Aug 81, the applicant was found guilty in civil court of 
civil contempt for which he received a Letter of Admonishment.

On 4 Dec 81, the applicant failed to report for duty for which 
he received a Letter of Reprimand.  

On 26 Jan 82, the applicant received an Article 15, Nonjudicial 
Punishment, for failing to go a violation of Article 86.

On 28 Mar 83, the applicant failed to report for assigned duty 
for which he received a Letter of Reprimand.

On 1 Jun 83, the applicant failed to support his dependents and 
received a Letter of Reprimand. 

On 20 Jun 83, the applicant was notified by his commander of his 
intent to recommend discharge under the provisions of AFR 39-10, 
Separation Upon Expiration of Term of Service, for Convenience 
of Government, Minority, Dependency and Hardship, Chapter 5, 
Section H, paragraph 5-46 for a pattern of misconduct consisting 
of minor disciplinary infractions.  

On 14 Jul 83, the case was found to be legally sufficient.

On 22 Jul 83, the discharge authority approved the commander’s 
recommendation.

On 28 Jul 83, the applicant was furnished a General (Under 
Honorable Conditions) discharge, and was credited with 3 years, 
7 months, and 3 days of active service.   

A request for post-service information was forwarded to the 
applicant on 28 Apr 14 for review and comment with 30 days.  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 
applicant’s post-service activities, there is no way for us to 
determine if the applicant’s 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 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-2014-00727 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 22 Jan 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Information Bulletin – Clemency.

						





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