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 applicants 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
applicants post-service activities, there is no way for us to
determine if the applicants 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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