RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01451
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general under honorable conditions discharge be upgraded to
honorable.
APPLICANT CONTENDS THAT:
His military record shows outstanding effort and performance prior
to 1986 after which his attitude and conduct deteriorated due to
his reassignment stateside. It should not be a reflection for his
entire military career.
Additionally, he did not realize the damage a less than honorable
discharge would have on a veteran when he requested his release
from the Air Force. He has spent many years reflecting upon this.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 13 Nov
1981.
On 25 Aug 88, his squadron commander recommended he be discharged
from the United States Air Force for Unsatisfactory Performance
Irresponsibility in the Management of Personal Finances and
MisconductConduct Prejudicial to Good Order and Discipline
pursuant to AFR 39-10, Airman Separation Manual, Chapter 5,
Paragraphs 5-26d and 5-47b respectively. The specific reasons for
the proposed discharge are as follows:
a) On 24 Nov 87, he disobeyed a lawful order from a superior
Non-Commissioned Officer (NCO) for failing to attempt night
foot navigation while attending training;
b) Between 27 Mar 88-27 Jun 88, failed to pay his NCO Club bill
and had a delinquent bill dated 30 Jun 88;
c) Between 27 Mar-15 Jul 88, issued 14 checks without sufficient
funds to cover them;
d) Between 11 Jul-3 Aug 88, failed to meet financial obligations
at an on-base establishment;
e) Between 22 Jul-25 Jul 88 was Absent Without Official Leave
(AWOL).
The following record of disciplinary action was also included in
the recommendation:
a) Receiving non-judicial punishment for disobeying orders from
a Non-Commissioned Officer (NCO) on 24 November and 30 Nov 87
resulting in two Articles 15 of the Uniform Code of Military
Justice (UCMJ); received a suspended reduction to the grade
of airman first class (E-3) and forfeited $100 for one month.
b) Receiving non-judicial punishment under Article 15, UCMJ on
25 Jul 88, for three specifications: cashing a check for
$150.00 without sufficient funds on 17 May 88, cashing a
check for $50.00 without sufficient funds on 21 May 88, and
being AWOL on 22 Jul 88; reduced to the grade of E-3 with a
new date of rank of 5 Aug 88 and 30 days extra duties.
On 26 Aug 88, he acknowledged receipt and offered a conditional
waiver of the rights associated with an administrative discharge
board, contingent upon receiving a general discharge.
On 27 Sep 88, the Staff Judge Advocate (SJA) recommended
acceptance of the applicants offer of a conditional waiver for a
general discharge and on 12 Oct 1988, found his discharge legally
sufficient.
On 18 Oct 88, the separation authority approved the discharge
under the provisions of AFR 39-10, Chapter 5, paragraph 5-26d and
5-47b, Misconduct Conduct Prejudicial to Good Order and
Discipline.
On 21 Oct 88, the applicant was furnished a general under
honorable conditions discharge. He was credited with 1 year,
1 month and 24 days of active service for this enlistment. His
prior active service was 5 years, 9 months, and 15 days beginning
on 13 Nov 81.
On 17 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-2014-01451 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 31 Mar 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Information Bulletin, not dated.
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
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