RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02196
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded
to Honorable.
APPLICANT CONTENDS THAT:
He was wrongfully accused of taking a day off when in fact he
was granted a half-day off for completing a task early. He
contested the allegation, was demoted and given kitchen duties
when in fact he was an important member of his commanding
officers office. He believes both his supervisor and her
supervisor discriminated against him.
He has no other facts, other than he was stripped of an
opportunity to make the military a career and serve to the
fullest of his capabilities.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 24 Jul
84.
On 17 Jan 86, the applicant received a Letter of Reprimand for
failure to go.
On 27 Jan 87, the applicant received a Letter of Reprimand for
failing to return to his place of duty.
On 8 Jun 87, the applicant accepted an Article 15, Nonjudicial
Punishment, for making a false official statement. He was
reduced in grade to airman (E-2) and ordered to forfeit $75
dollars.
On 26 Jun 87, the applicant was notified by his commander that
he was recommending his for discharge for minor disciplinary
infractions in accordance with AFR 39-10, Separation Upon
Expiration of Term of Service, for Convenience of Government,
Minority, Dependency and Hardship, Chapter 5, paragraph 5-46.
The commander recommended his service be characterized as
General (Under Honorable Conditions).
On 1 Jul 87, the Staff Judge Advocate completed a legal review
and found the case legally sufficient. On the same date, the
discharge authority approved a General (Under Honorable
Conditions) discharge without probation and rehabilitation.
On 2 Jul 87, the applicant was furnished a General (Under
Honorable Conditions) discharge, and was credited with 2 years,
11 months, and 9 days of active service.
A request for post-service information was forwarded to the
applicant on 22 Jan 15 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 a 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-2014-02196 in Executive Session on 28 Apr 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-02196 was considered:
Exhibit A. DD Form 149, dated 29 May 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 22 Jan 15.
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