RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02102
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general under honorable conditions discharge be upgraded to
Honorable.
APPLICANT CONTENDS THAT:
When he entered the Air Force, he was young and misguided by
elder fellow airmen whom he counted on for guidance and support.
He had a couple of unfortunate incidents and was discharged.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 20 Jun 84, the applicant entered the Regular Air Force.
On 18 Dec 84, he received an Article 15, Non Judicial Punishment
(NJP) for changing his date of birth on his Armed Force
Identification card from 10 Dec 66 to 10 Dec 65, in violation of
Article 134 under the Uniform Code of Military Justice (UCMJ).
His commander directed forfeiture of $50.00, extra duty for 10
days, and reduction in grade to airman suspended until 16 May 85
unless the suspension is vacated sooner. The applicant
acknowledged receipt the same day indicating he would not
appeal. His commander also indicated the information would be
filed in an Unfavorable Information File (UIF).
On 4 Mar 85, the applicant received notice his installation
driving privileges were suspended for one year due to having
been apprehended/charged with Driving While Intoxicated (DWI).
On 8 Mar 85, the applicant received an Article 15, NJP under the
UCMJ for operating a vehicle while drunk on or about 2 March 85.
He acknowledged receipt indicating he had consulted with
counsel, waived his right to court-martial, requested a personal
appearance and did not attach a written statement. His
commander directed reduction in grade to airman basic suspended
until 6 Sep 85 unless the suspension is vacated sooner,
forfeiture of $62.00 and correctional custody for seven days.
The applicant acknowledged receipt indicating he would not
appeal. His commander also indicated the information would be
filed in the applicants UIF. In addition, the applicants
driving privileges on the Air Force Base were suspended for two
years.
On 13 Mar 85, the applicant acknowledged receipt of the
notification his driving privileges were suspended and receiving
the Article 15.
On 29 Oct 85, his commander notified him he was withholding his
promotion due to his participation in the Alcohol Rehabilitation
Program, pursuant to AFR 39-29, Promotion of Airmen, table 3,
line 2 and paragraph 28. The applicant acknowledged receipt the
same day.
On 8 Mar 86, he was notified his commander vacated the
suspension of NJP dated 18 Dec 84 because he operated a vehicle
while drunk on or about 2 March 85. The applicant acknowledged
receipt indicating he did not request a personal appearance or
provide a written statement. His commander directed a reduction
in grade to airman with a new date of rank of 18 Dec 84. The
applicant acknowledged receipt the same day.
On 14 Mar 86, he received an Article 15, NJP under the UCMJ for
failure to obey a lawful order by driving on base while his
driving privileges were suspended. The applicant acknowledged
receipt the same day indicating he had consulted counsel, waived
his right to court-martial, requested a personal appearance and
did not attach a written statement. His commander directed a
reduction in grade to airman basic with new date of rank of 14
Mar 86 and forfeiture of $300.00. He acknowledged receipt the
same day. His commander indicated the information would be
filed in the applicants UIF.
On 27 Mar 86, he was notified his group commander recommended he
be discharged for discreditable involvement with military
authorities, under the provisions of AFR 39-10, Airman
Separation Manual, paragraph 5-47a. He acknowledged receipt the
same day indicating he had consulted counsel and waived his
right to submit statements.
On 28 Mar 86, the Staff Judge Advocate (SJA) found the case
legally sufficient and recommended the applicant be given a
general discharge certificate without further probation or
rehabilitation opportunities.
On 3 Apr 86, the separation authority approved the applicants
general under honorable conditions discharge under the
provisions of AFR 39-10, Chapter 5, Section H, paragraph 5-47a.
Probation and rehabilitation were considered and not deemed
appropriate.
On 9 Apr 86, the applicant received a general under honorable
conditions discharge. He was credited with 1 year, 9 months and
20 days of active service.
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 applicants complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
(OPR) and adopt its rationale as the basis for our conclusion
the applicant has not been the victim of an error of injustice.
In the interest of justice, we considered upgrading the
discharge based on clemency; however, we do not find the
evidence presented is sufficient to conclude his post-service
accomplishments were sufficient to overcome the misconduct that
formed the basis of his discharge. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend granting
the requested relief.
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 documentary evidence pertaining to AFBCMR Docket
Number BC-2014-02102 was considered:
Exhibit A. DD Form 149, dated 30 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Clemency Bulletin, dated 5 Jun 14.
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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN hee SSGT TYPE PERSONAL APPEARANCE X RECORD REVIEW COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES NO xX “VOTE OF THE BOARD MEMBERS SITTING HON GEN UOTHC OTHER DENY || rm) | mK) MK ISSUES INDEX NUMBER EXHIBITS SUBMITTED 10: THE BOARD A93.19 A67.50 ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION HEARING...