RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01291
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded
to Honorable.
APPLICANT CONTENDS THAT:
He made some mistakes while he was younger but does not want to
live with this record for the rest of his life. He is under the
impression his under honorable conditions (general) discharge
should have automatically upgraded to honorable six months after
he was discharged.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
On 30 Aug 88, the applicant initially entered the Regular Air
Force.
On 12 Dec 89, 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
included six instances of failure to go or be at his regular
place of duty at the designated time, for which he received
verbal and written counseling; two motor vehicle violations, for
which he received verbal counseling and a letter of reprimand;
two instances of writing checks against an account with
insufficient funds, for which he received verbal counseling and
was issued a no check cashing privileges identification card.
He was also placed on a Control Roster for uttering checks on a
closed bank account, reporting late for work multiple times, and
failing to meet on the job responsibilities.
On 15 Dec 89, the applicant acknowledged receipt of the
discharge notification and submitted statements on his own
behalf, requesting an honorable discharge.
On 3 Jan 90, the discharge was found legally sufficient and the
discharge authority subsequently concurred with the commanders
recommendation and directed the applicant be furnished an under
honorable conditions (general) discharge.
On 9 Jan 90, the applicant was furnished an under honorable
conditions (general) discharge for misconduct-pattern conduct
prejudicial to good order and discipline, and was credited with
one year, four months, and nine 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 in this application.
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-2014-01291 in Executive Session on 17 Dec 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Mar 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 28 Jul 14.
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