RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01902
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
APPLICANT CONTENDS THAT:
He served his country honorably and deserves an honorable
status. His discharge occurred over 26 years ago. He has been
married for over 23 years and raised three children. He entered
the Air Force when he was 18 and he is now a grown, upstanding
man that deserves a discharge upgrade.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
21 Aug 85.
On 9 May 88, the applicants commander notified him of his
intent to recommend his discharge for unsatisfactory duty
performance for the following:
a. On 6 Oct 86, the applicant received a Letter of
Reprimand (LOR) for failure to progress satisfactorily in the
Weight management Program (WMP).
b. On 30 Oct 88, the applicant received an LOR for
excessive traffic violations.
c. On 17 Nov 86, the applicant had his base driving
privileges suspended for 60 days by the Base Commander for
receiving three traffic violations during Oct 86.
d. On 24 Nov 86, the applicant received an Article 15 for
failure to obey a lawful order.
e. On 14 Dec 87, the applicant received a Letter of
Counseling (LOC) for a traffic violation.
f. On 21 Mar 88, the applicant received an LOR for failure
to make satisfactorily progress in the WMP.
g. On 23 Mar 88, the applicant received a LOC for failure
to report for a scheduled appointment.
h. On 18 Apr 88, the applicant received an LOR for a
traffic violation and was placed on the control roster for 120
days.
On 9 May 88 the applicant acknowledged receipt of the action and
of his right to consult with legal counsel and submit statements
on his own behalf.
On 27 May 88, the applicant consulted legal counsel and
submitted a statement on his behalf relating his duty
performance.
On 17 Jun 88, the discharge was found to be legally sufficient.
On 21 Jun 88, the applicant was furnished a general discharge,
and was credited with two years and ten months of active
service.
On 18 Jun 14, a request for post-service information was
forwarded to the applicant for review and comment within
30 days. In response, the applicant provided a copy of his FBI
Report (Exhibit D).
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-2014-01902 in Executive Session on 19 Feb 15, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 May 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Clemency Letter, dated 18 Jun 14
Exhibit D. FBI Report, dated 30 Jul 14.
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