RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02627
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
APPLICANT CONTENDS THAT:
He served honorably up until the time of his discharge. With
growing demands by his civilian employer and managing family life,
he contacted his chain of command about getting out early from his
six-year enlistment. He was instructed to write everything down
and submit it to his commander, which he did. He was surprised at
the type of discharge he received and believes his discharge was
inequitable because it was based on an isolated incident after
four years of honorable service. The less than honorable
discharge is holding him back from promotion with his current
employer.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 9 Apr 88, the applicant initially entered the Air National
Guard.
On 31 Jul 91, according to information provided by the applicant,
he was considered absent without leave (AWOL) from annual training
26 Jul 91 to 2 Aug 91.
On Oct 16 91, according to information provided by the applicant,
in response to the AWOL notification, he resubmitted the
justification for his resignation from the Air National Guard to
his chain of command. He volunteered to work with the unit on his
outprocessing.
13 Dec 91, the applicant was demoted from the grade of senior
airman (E-4) to the grade of airman first class (E-3).
On 14 Aug 92, the applicant was furnished an under honorable
conditions (general) discharge for unsatisfactory participation,
and was credited with four years, four months, and six days of
active service.
On 17 Jul 14, a request for post-service information was forwarded
to the applicant for review and response 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
in this application.
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-2014-02627 in Executive Session on 25 Mar 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Jun 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 17 Jul 14.
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