RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01285
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general under honorable conditions discharge be upgraded to
honorable.
APPLICANT CONTENDS THAT:
He was given a general under honorable conditions discharge
because he had a felony charge for theft. The felony was
dropped to a misdemeanor and the file was sealed after he
completed probation.
His military attorney at the time said he could fight to stay in
the Air Force, but his wife was unhappy so he decided to accept
the discharge as stated.
He now regrets the decision and states he always received good
reviews while serving on active duty. He graduated with honors
from military school and was six months ahead in testing for the
next grade level.
He has not had any major conflicts with the law since his
discharge in 1979.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 29 Mar
77.
On 20 Mar 79, he was notified of his commanders intent to
discharge him under provisions of AFM 39-12, Chapter 2, Section
C, paragraph 2-23 for being found guilty of grand theft. He
acknowledged receiving the notification letter that same day.
On 23 Mar 79, he submitted a conditional waiver of rights
associated with an administrative discharge board hearing
contingent upon receiving a general discharge.
On 12 Apr 79, the Staff Judge Advocate (SJA) recommended he be
discharged for misconduct (civil court disposition) in
accordance with AFM 39-12, Chapter 2, Section C, paragraph 2-23.
He waived his right to a board hearing contingent upon receiving
a general discharge. The basis for the discharge recommendation
was due to the applicant being found guilty of grand theft of a
welder valued more than $200.00. He made restitution of
$140.88 and was placed on probation for two years.
On 13 Apr 79, the vice commander approved his discharge without
probation or rehabilitation.
On 19 Apr 79, the applicant received a general (under honorable
conditions) discharge. He was credited with 2 years, and 21
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
(Exhibit C). 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 to recommend
granting relief on that basis. 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-2014-01285 in Executive Session on 21 Nov 14 under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Mar 2014.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Information Bulletin
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
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