RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02139
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
APPLICANT CONTENDS THAT:
He was a young airman with financial issues and allowed
immaturity to cloud his judgment. Since being separated, he has
been a model citizen, employed by the same company for 22 years.
He would like to advance within the company but the
characterization of his discharge may keep him from advancing.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
21 Jul 83.
On 27 Aug 90, the applicants commander recommended his
discharge for Misconduct pattern dishonorable failure to pay
just debts, under the provisions of AFR 39-10, Administrative
Separation of Airmen, para 5-47. The reasons for the action
included financial irresponsibility and failure to pay debts,
for which he received several letters of counseling, letters of
reprimand and an Article 15 dated, 8 Aug 90.
On 30 Aug 90, the applicant waived his board entitlement
conditioned upon receipt of a General Discharge.
On 6 Sep 90, the discharge authority accepted the applicants
conditional waiver and concurred with the commanders
recommendation to furnish the applicant a general (under
honorable conditions) discharge.
On 13 Sep 90, the applicant was so discharged and was credited
with 7 years, 1 month, and 23 days of active service.
On 10 Jul 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-2014-02139 in Executive Session on 29 Jan 15, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-02139 was considered:
Exhibit A. DD Form 149, dated 10 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 10 Jul 14.
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