RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01011
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable and correct his reason for discharge.
APPLICANT CONTENDS THAT:
He had good conduct during his time in the service, validated by
the award of the good conduct medal. The arrest and charges
related to the applicant violating a restraining order were
dismissed by the local authorities.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 29 Oct 86, the applicant initially entered the Regular Air
Force.
On 16 Dec 88, the applicants commander notified him that he was
recommending his discharge under the provisions of AFR 39-10,
Administrative Separation of Airmen. The reasons for the action
were: Misconduct Pattern discreditable involvement with
Military or Civilian authorities. The reasons for the action
included the following:
a. On 12 Jul 88, the applicant received an Article 15 for
unlawfully striking his four-year old daughter with a belt. For
this he received 30 days extra duty, a suspended reduction to
the grade of E-3, and suspended forfeitures of $100.00 per
month.
b. On 22 Jul 88, the applicant violated a lawful order by
visiting his wife at base quarters.
c. On 31 Oct 88, the applicant was convicted in state
district court of harassment, for having violated a restraining
order. He was given a suspended sentence to confinement for
90 days and placed on probation for two years. For this he
received a Letter of Reprimand (LOR) and vacation of his NCO
status.
d. On 13 Dec 88, the applicant received an LOR for having
received two traffic citations from Security Police.
On 20 Dec 88 the applicant acknowledged receipt of the discharge
notification and requested a conditional waiver of his rights to
an administrative discharge board hearing in exchange for no
less than a General discharge.
On or about 15 Feb 89 (illegible date stamp), the discharge was
found legally sufficient.
On 27 Feb 89 the applicant was furnished a general discharge
(under honorable conditions), for Misconduct Pattern
discreditable involvement with Military or Civilian authorities
and was credited with 2 years, 3 months, and 26 days of active
service.
On 28 Jul 14, a request for post-service information was
forwarded to the applicant for review and response within
30 days. As of this date, no response has been received by this
office (Exhibit C).
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-2014-01011 in Executive Session on 18 Dec 14, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-01011 was considered:
Exhibit A. DD Form 149, dated 5 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 28 Jul 14.
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