RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00765
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded
to Honorable.
APPLICANT CONTENDS THAT:
He is long overdue for this action. At the time of discharge,
he was going through some difficult family issues that resulted
in a divorce. Since his discharge he has moved on with his life
in a positive way and continues to be an upstanding citizen. He
has held employment for six years with the Internal Revenue
Service (IRS) as a federal employee. He has felt a great amount
of discontent and shame for his behaviors which led to his
General discharge. He would like to bring this issue to resolve
and clear both his record and conscious.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 11 Apr
79.
On 14 Sep 81, the applicants duty status was changed from
Present for Duty to Absent Without Leave (AWOL).
On 21 Sep 81, the applicants duty status was changed from
AWOL to Present for Duty. It should be noted that he
voluntarily returned to duty.
On 30 Sep 81, the applicant received an Article 15, Nonjudicial
Punishment, for violating article 86, without authority; go from
your appointed place of duty. He was reduced in grade of Airman.
On 13 Oct 81, the applicant was notified by his commander of his
intent to initiate discharge based on a severe downward
progression in duty performance under the provisions of AFM 39-
12, Separation for Unsuitability, Misconduct, Resignation, or
Request for Discharge for the Good of the Service and Procedures
for the Rehabilitation Program, Chapter 2, Section A, paragraph
2-4c.
On 16 Oct 81, the applicant provided an expanded statement to
the discharge authority for consideration. He contended that he
fulfilled his military duties to the best of his abilities. He
also accepted responsibility for the mistakes made over the past
31 months and should be considered for an Honorable discharge.
On 12 Nov 81, the case was found to be legally sufficient and
the discharge authority approved the commanders recommendation
the same day, directing the applicants administrative discharge
without probation and rehabilitation.
On 13 Nov 81, the applicant was furnished a General (Under
Honorable Conditions) discharge, and was credited with 2 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 within 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-2014-00765 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 14 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Information Bulletin Clemency.
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