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AF | BCMR | CY2014 | BC 2014 01101
Original file (BC 2014 01101.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01101

					COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded 
to honorable. 


APPLICANT CONTENDS THAT:

He was not at fault in this matter; the weapons were in his care 
and placed in his locker without his knowledge.  He had issues 
with his roommate in the barracks as well as his First Sergeant. 
He wishes to have his character of service changed to honorable. 

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
26 Jul 83.

On 11 May 87, the applicant was notified by his commander of his 
intent to recommend his discharge for Misconduct - Pattern of 
minor disciplinary infractions.  The reasons for the action were 
as follows: 

	a.  On 13 Feb 86, the applicant received a letter of 
reprimand (LOR) for stopping payment on checks that he had 
written.

	b.  On 15 Sep 86, the applicant received a letter of 
counseling (LOC) for failure to properly perform duties.

	c.  On 7 Nov 86, the applicant received an LOC for failure 
to properly perform duties.

	d.  On or about 1 Feb 87, the applicant received an LOR for 
willfully damaging government property.

	e.  On or about 4 Feb 87, the applicant received Article 15 
punishment consisting of a suspended reduction to the grade of 
airmen first class (E-3) and a forfeiture of pay for storing a 
firearm in his dormitory room.

	f.  On or about 6 May 87, the suspended reduction to the 
grade of airmen first class was vacated because the applicant 
stored a firearm in his dormitory room.

On 13 May 87, after consulting with legal counsel, the applicant 
elected not to submit statements on his behalf.

On 21 May 87, the applicant was furnished a general (under 
honorable condition) discharge for Misconduct and was credited 
with 3 years, 9 months, and 26 days of total active service. 

On 28 Apr 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 
applicant’s post-service activities, there is no way for us to 
determine if the applicant’s 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-2014-01101 in Executive Session on 18 Dec 14, under 
the provisions of AFI 36-2603:

	

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 14 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 28 Apr 14.

						

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