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AF | BCMR | CY2014 | BC 2014 01696
Original file (BC 2014 01696 .txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01696

					COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

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


APPLICANT CONTENDS THAT:

He recently applied to the Air Force Discharge Review Board 
(AFDRB) and, while he was disapproved, the panel suggested he 
apply to the Air Force Board for Corrections of Military Records 
(AFBCMR) and supply post service information concerning conduct 
and contributions.

He takes responsibility for his actions and accepts the 
punishment.  Prior to his discharge, he was a model airman with 
outstanding accomplishments and awards.  He did have some minor 
problems, but felt it did not affect his performance.     

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
13 Nov 87.

On 29 Jun 98, the applicant was notified by his commander of his 
intent to recommend his discharge for a pattern of misconduct – 
conduct prejudicial to good order and discipline under the 
provisions of AFI 36-3208, Administrative Separation of Airmen, 
Section 5.50.2.  The reasons for this action included his arrest 
for not paying a court ordered probation fine, three instances 
of failure to go at the time prescribed to his appointed place 
of duty, and his failure to pay rent for the period of 1 Mar 98 
to 27 Mar 98, for which he twice received non-judicial 
punishment under Article 15 of the Uniform Code of Military 
Justice (UCMJ), two Letters of Reprimand (LOR), and an 
Unfavorable Information File (UIF). 

On 9 Jul 98, the applicant acknowledged receipt of the action 
and requested a conditional waiver of administrative discharge 
board proceedings, provided he receive no less than a general 
(under honorable conditions) discharge.

On 20 Jul 98, the discharge case was found to be legally 
sufficient.  

On 4 Aug 98, the applicant was furnished a general (under 
honorable conditions) discharge, and was credited with 10 years, 
8 months, and 17 days of active service, excluding lost time 
from 12 Sep 96 to 16 Sep 96.

On 28 Jan 14, the applicant appealed to the Air Force Discharge 
Review Board (AFDRB) to have his discharge upgraded to 
Honorable.  This was the second time, previously in June 2000 
the applicant had a records review and was denied.  The AFDRB 
denied his application, concluding the discharge was appropriate 
under the facts and circumstances of his case and there was 
insufficient basis to warrant clemency for a change in the 
discharge (see AFDRB Hearing Record at Exhibit B).  

On 24 Apr 14, a request for post-service information was 
forwarded to the applicant for review and comment 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.


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-2014-01696 in Executive Session on 18 Dec 14, under 
the provisions of AFI 36-2603:

	

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 10 Apr 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 24 Apr 14.

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