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AF | BCMR | CY2014 | BC 2014 01476
Original file (BC 2014 01476.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01476

					COUNSEL:  NONE

		HEARING DESIRED:  YES



APPLICANT REQUESTS THAT:

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


APPLICANT CONTENDS THAT:

After an honorable first enlistment, conditions declined during 
his assignment at            .  He was wrongly disciplined for 
alleged infractions because he was hated by his members of his 
chain of command.  He was wrongfully charged for an intoxicated 
driving incident that never occurred.  He further contends that 
he asked for help but none was offered.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

On 15 Jan 82, the applicant initially entered the Regular Air 
Force.

On 22 Jul 83, the applicant’s commander notified him that he was 
recommending his discharge under the provisions of AFR 39-10, 
Administrative Separation of Airmen, for unsatisfactory 
performance.  The reasons for the action were failure to comply 
with dress and appearance standards, for which he received 
counselling; failure to go to his appointed place of duty, for 
which he received punishment pursuant to an Article 15 of the 
Uniform Code of Military Justice (UCMJ); driving while 
intoxicated and causing an accident, for which he received a 
letter of reprimand and was placed on a Control Roster for 
declining duty performance, bearing, and behavior; and two 
instances of writing a check against an account with 
insufficient funds, for which he received a letter of 
counselling.


28 Jul 83, the applicant acknowledged receipt of the discharge 
notification.  He waived his right to a hearing before an 
administrative discharge board or submit statements on his own 
behalf.  He did not waive his right to counsel.

On 8 Sep 83, the discharge was found legally sufficient and the 
discharge authority concurred with the commander’s 
recommendation the same day.

On 9 Sep 83, the applicant was furnished an under honorable 
conditions (general) discharge for unsatisfactory performance, 
and was credited with 1 year, 7 months, and 25 days of active 
service.

On 4 Aug 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 
applicant’s post-service activities, there is no way for us to 
determine if the applicant’s 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.

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.


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-2014-01476 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 31 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 4 Aug 14.

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