RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02106
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded
to Honorable.
APPLICANT CONTENDS THAT:
He is a homeless veteran seeking health care coverage for
himself and his son through the Department of Veterans Affairs
(DVA).
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 7 Feb
86.
On 1 Oct 86, the applicant received an Article 15, Nonjudicial
Punishment, for driving while intoxicated. He was reduced in
grade to airman basic (suspended) and ordered to forfeit $150.00
per month for two months.
On 11 May 87, the applicant received an Article 15, Nonjudicial
Punishment, for disobeying a lawful order. He was reduced in
grade to airman basic (suspended) and ordered to serve 30 days
in correctional custody.
On 27 Aug 87, the applicant was notified by Social Actions he
failed to complete the Alcohol Rehabilitation Program.
On 2 Sep 87, the applicant was notified by his commander he was
being recommended for discharge for Failure in Alcohol Abuse
Rehabilitation and a Pattern of Misconduct under AFR 39-10,
Separation Upon Expiration of Term of Service, for Convenience
of Government, Minority, Dependency and Hardship, Chapter 5,
paragraphs 5-32 and 5-47a. The commander recommended his
service be characterized as General (Under Honorable
Conditions). The applicant consulted counsel and waived his
right to submit statements on his behalf.
On 10 Sep 87, the Base Staff Judge Advocate reviewed the
discharge action and found it legally sufficient. They did not
recommend the applicant for probation and rehabilitation.
On 15 Sep 87, the discharge authority approved a General (Under
Honorable Conditions) discharge without probation and
rehabilitation.
On 17 Sep 87, the applicant was furnished a General (Under
Honorable Conditions) discharge, and was credited with 1 year, 7
months, and 11 days of active service.
A request for post-service information was forwarded to the
applicant on 21 Nov 14 for review and comment within 30 days.
As of this date, no response has been received by this office.
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-2014-02106 in Executive Session on 7 Apr 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-02106 was considered:
Exhibit A. DD Form 149, dated 14 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Clemency Information Bulletin.
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