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Decision Text

AF | BCMR | CY2014 | BC 2014 01453
Original file (BC 2014 01453.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01453
					COUNSEL:  NONE
		HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded 
to honorable.


APPLICANT CONTENDS THAT:

He was immature and made some foolish decisions.  He believes he 
would not have been separated for the infractions, but it was 
during the massive downsizing being implemented by all branches 
of the service at the time of his discharge. 

During the 24 years since his discharge, he has not been in any 
trouble.  He has been married for 16 years and has twin 
daughters he is raising to respect service members and our 
country.  He is an ordained music minister and deacon who has 
worked in personal finance for the past 18 years.  He wants to 
be able to serve fellow veterans but has felt shame and 
embarrassment due to his discharge status.  He is proud to have 
worn the uniform and proud of what he was able to accomplish.  

His failure to timely file the application should be waived in 
the interest of justice since his civilian record for the past 
24 years shows he has represented the Air Force well as a 
veteran and contributor to society.  

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

On 17 Dec 86, the applicant entered the Regular Air Force.

On 18 Dec 89, the applicant was notified that his commander was 
recommending him for a general discharge under the provisions of 
AFR 39-10, Administrative Separation of Airmen, paragraph 5-46, 
for minor disciplinary infractions resulting from the applicant 
receiving two Articles 15, under the Uniform Code of Military 
Justice (UCMJ) for failure to go; a letter of reprimand for 
driving without insurance; six letters of counseling for various 
other infractions, including tardiness, poor attitude and 
forgetfulness.  
On 20 Dec 89, he submitted a personal statement to his 
commander.  The discharge recommendation was found legally 
sufficient and on 2 Jan 90, the commander approved the 
discharge.
On 10 Jan 90, the applicant was discharged with service 
characterized as general (under honorable conditions).  He was 
credited with 3 years and 22 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 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 
authority.  The applicant has provided no evidence which would 
lead us to believe the characterization of 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 characterization of the 
applicant’s discharge based on clemency; however, after 
considering his overall record of service, the infractions which 
led to his administrative separation and the lack of post-
service information we are not persuaded that an upgrade is 
warranted.  In view of this and in the absence of evidence to 
the contrary, we find no basis upon which 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 documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-01453 was considered:

	Exhibit A.  DD Form 149, dated 3 Apr 14.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Information Bulletin, dated 28 Apr 14
	

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