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 applicants 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 commanders
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
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 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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