RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01858
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded
to Honorable.
APPLICANT CONTENDS THAT:
His record may not be in error; however, the option to accept a
General discharge was offered when he was 20-years old. At that
time he felt it was in the best interests of the Air Force and
his personal life as an alcoholic.
Two years after discharge, he graduated from Veterans Technical
Institute and started a career in technology. He has been
married for ten years and has two children. He has also been
sober for eight years.
In support of his request, the applicant provides a Letter of
Recommendation from the Director, Town of Danvers, Department of
Planning and Human Services, Health and Veterans Affairs, an
Air Force Achievement Medal Certificate, a Letter of
Appreciation, and a Certificate of Appreciation.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 8 Dec
92.
On 7 Nov 94, the applicant received an Article 15, Nonjudicial
Punishment, for operating a vehicle while drunk and wrongfully
consuming alcoholic beverages while under the age of 21.
On 10 May 96, the applicant received an Article 15, Nonjudicial
Punishment, for wrongfully and falsely altered by affixing
another military identification card to the reverse side of his
military identification card to show a false date of birth.
On 22 May 95, the applicant was notified by his commander of his
intent to recommend discharge for minor disciplinary infractions
under the provisions of AFI 36-3208, Administrative Separation
of Airmen, Chapter 5, paragraph 5.49. The commander recommended
his service be characterized as General (Under Honorable
Conditions).
On 12 Jun 95, the applicant was furnished a General (Under
Honorable Conditions) discharge, and was credited with 2 years,
6 months, and 5 days of active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) indicated that on the basis of the
information provided, they were unable to locate an arrest
record.
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, we do not find the evidence presented is
sufficient for us to conclude that the applicants post-service
activities 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-2014-01858 in Executive Session on 16 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 1 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Information Bulletin Clemency.
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