RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02748
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded
to Honorable.
APPLICANT CONTENDS THAT:
He was suffering from a depressive disorder at the time of
discharge which resulted in being late to work on multiple
occasions. To this date, he still suffers from depression and
it has completely affected his life.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 10 Sep
79.
On 29 Dec 82, the applicant accepted an Article 15, Nonjudicial
Punishment, for failing to go to his appointed place of duty in
violation of Article 86 of the Uniform Code of Military Justice.
He was reduced in grade to airman first class and given 14 days
of extra duty. The reduction in grade was suspended.
On 10 Jan 83, the commander vacated the applicants suspended
reduction in grade for failing to go to his appointed place of
duty.
On 4 May 83, the applicant accepted an Article 15, Nonjudicial
Punishment, for failing to go to his appointed place of duty in
violation of Article 86 of the Uniform Code of Military Justice.
He was reduced in grade to airman.
On 9 May 83, the applicant was notified by his commander that he
was being recommended for discharge based on Misconduct in
accordance with AFR 39-10, Separation Upon Expiration of Term of
Service, for Convenience of Government, Minority, Dependency and
Hardship, Chapter 5, Section H, paragraph 5.46.
On 17 May 83, after consulting with legal counsel, the applicant
submitted a statement on his behalf in which he requested to
stay in the Air Force.
On 20 May 83, the Staff Judge Advocate reviewed the discharge
package and found it legally sufficient.
On 2 Jun 83, the discharge authority approved the commanders
recommendation and directed a General (Under Honorable
Conditions) discharge without probation or rehabilitation.
On 14 Jun 83, the applicant was furnished a General (Under
Honorable Conditions) discharge, and was credited with 3 years,
9 months, and 5 days of active service.
A request for post-service information was forwarded to the
applicant on 24 Jul 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-2014-02748 in Executive Session on 5 May 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-02748 was considered:
Exhibit A. DD Form 149, dated 2 Jul 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Clemency Information Bulletin, dated 24 Jul 14.
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