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AF | BCMR | CY2014 | BC 2014 01065
Original file (BC 2014 01065.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-01065
		
			COUNSEL:  NONE

			HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

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


APPLICANT CONTENDS THAT:

He was discharged for failing to report for work and giving 
change to a staff monitor while in correctional custody. 

In support of his request for clemency, he has spent the last 15 
years as a certified registered nurse.  He provided two nursing 
certificates as proof of earning both a Bachelor and Masters of 
Nursing degrees.  

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 9 Sep 
83.  

On 26 Mar 84, the applicant received an Article 15, Nonjudicial 
Punishment, for violating articles 86 and 92; failure to go to 
appointed place of duty on two separate occasions.  He received 
a reduction in grade to airman basic and 15 days of correctional 
custody. The reduction in graded was suspended.

On 3 Apr 84, the applicant received a two letters of counseling 
from the correctional custody staff for breach of restraint and 
failure to go. 

On 4 Apr 84, the applicant received letter of reprimand from the 
correctional custody staff for violated the rules of conduct by 
giving a staff monitor change for a dollar.  

On 24 Apr 84, the applicant’s commander vacated the suspended 
reduction in grade and the applicant was demoted to airman 
basic.

On 26 Apr 84, the applicant’s 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, Section H, paragraph 5-46 for general misconduct.  
The commander recommended a general discharge, without probation 
and rehabilitation.  

On 14 May 84, the applicant acknowledged legal consultation and 
waived his right to submit any statements on his behalf.

On 17 May 84, the staff judge advocate found no administrative 
or procedural errors and concluded the application legally 
sufficient. 

On 24 May 84, the applicant was furnished a General (Under 
Honorable Conditions) discharge, and was credited with 8 months, 
and 16 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, to include his 
rebuttal response, 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, 
we do not find the evidence presented is sufficient for us to 
conclude that the applicant’s post-service activities 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 RECOMMENDS 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-2014-01065 in Executive Session on 21 Nov 14 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The 
following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 10 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Information Bulletin - Clemency

						


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