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AF | BCMR | CY2014 | BC 2014 01179
Original file (BC 2014 01179.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01179

			COUNSEL:  NONE

			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

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


APPLICANT CONTENDS THAT:

He was not properly diagnosed with a mental illness that would 
have impacted the nature of discharge.  

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 3 Jul 
79.

On 30 Apr 82, the applicant was notified by his commander of his 
intent to recommend his discharge for Unsuitability 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.  
The reasons for the action included destruction of government 
property, assault, drunk and disorderly conduct, alcohol abuse, 
failure to obey lawful orders; all in violation of various 
articles of the Uniform Code of Military Justice (UCMJ); for 
which he received letters of counseling, letters of reprimand 
and non-judicial punishment (NJP) under the provisions of 
Article 15 of the UCMJ.

On 11 May 82, the applicant declined to submit statements.  The 
evaluation officer concurred with the commander’s recommended 
action.

On 19 May 82, the case was found to be legally sufficient and 
the discharge authority approved the commander’s recommendation 
and directed the applicant’s administrative discharge. 

On 28 May 82, the applicant was furnished a General (Under 
Honorable Conditions) discharge, and was credited with 2 years, 
10 months, and 26 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 
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-2014-01179 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 18 Mar 14.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Information Bulletin - Clemency.

						


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