RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01355
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
APPLICANT CONTENDS THAT:
He was unaware his discharge could be upgraded. He served
honorably and did not have prior administrative punishment.
It was unjust of the Air Force to downgrade his discharge. There
are no prior administrative punishments or actions to warrant such
action.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
On 7 Apr 86, the applicant entered the Regular Air Force.
On 19 Nov 91, he was notified by his squadron section commander
that she was recommending he be discharged from the Air Force
pursuant to AFR 39-10, Airman Separation Manual, paragraph 5-47b,
Pattern of Misconduct Conduct Prejudicial to Good Order and
Discipline. The basis for her recommendation was as follows:
a) In Nov 89, making a false official statement to obtain
additional Variable Housing Allowance (VHA).
b) On 11 Jan 90, stating he had custody of his daughter to
obtain government family housing and thus wrongfully
occupying said housing from 24 Jan 90-1 Jun 90.
c) In February and March of 90, failing to maintain sufficient
funds to cover three checks for $120.00, $45.00 and $3.75.
d) On or about 19 Jul 90, submitting a false travel voucher for
$583.50 for Temporary Duty (TDY) from 1 to 12 Jul 90.
e) On 27 Aug 90, for failing to return as scheduled from leave,
resulting in him being Absent Without Official Leave (AWOL)
for which he received a Letter of Admonition (LOA) dated
30 Aug 90.
f) On 4 Dec 90, he disobeyed an order from a superior Non-
Commissioned Officer (NCO) by submitting a fraudulent travel
voucher for expenses he did not incur in the amounts of
$593.04 for lodging, $65.74 for meals, $36.78 for
valet/laundry, and $51.65 for telephone calls. He was
directed to remove them prior to voucher submission.
g) On 4 Dec 90, he failed to maintain sufficient funds to cover
a check for $2269.71 to pay the debt on his travel voucher
advance.
On 19 Nov 91, the applicant acknowledged receipt of the
memorandum.
On 9 Dec 91, The Staff Judge Advocate (SJA) found the
recommendation for discharge legally sufficient and recommended a
general (under honorable conditions) discharge.
On 31 Jan 92, the applicant received a general (under honorable
conditions) discharge, under the provisions of AFR 39-10, Airman
Separation Manual. He was credited with 5 years, 9 months and 24
days of active service excluding 8 months and 1 day lost time.
On 25 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 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. Furthermore, we do not find clemency is
appropriate in this case since the applicant has not provided any
evidence concerning his post-service activities. Based on the
foregoing, 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 documentary evidence pertaining to AFBCMR Docket
Number BC-2014-01355 was considered:
Exhibit A. DD Form 149, dated 25 Mar 14
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Clemency Information Bulletin, dated 25 Apr 14.
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