RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00997
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded
to Honorable.
APPLICANT CONTENDS THAT:
He was informed during discharge proceedings he could request an
upgrade of his discharge.
The failure to timely file the application should be waived in
the interest of justice since at this time he finds it important
his discharge be reflected as Honorable.
The applicants complete submission, with attachment, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 7 Jul
82.
On 7 Apr 83, the applicant received an Article 15, Nonjudicial
Punishment, for violation of Article 111, operating a vehicle
while drunk.
On 31 Oct 83, the applicant was convicted in a civilian court of
a second driving while intoxicated (DWI) charge.
On 5 Jan 84, the applicants commander notified him of his
intent to recommend administrative discharge pursuant of AFR 39-
10, Separation Upon Expiration of Term of Service, for
Convenience of Government, Minority, Dependency and Hardship,
Chapter 5, paragraph 5-47a based on a pattern of misconduct.
The applicant waived both legal counsel and the right to submit
statements and the Assistant Staff Judge Advocate found the case
legally sufficient.
On 18 Jan 84, the discharge authority approved the discharge.
On 23 Jan 84, the applicant was furnished a General (Under
Honorable Conditions) discharge, and was credited with 1 year, 6
months, and 17 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. As of this date, no response has been received by the
applicant.
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-2014-00997 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 3 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Information Bulletin - Clemency.
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