RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02864
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded
to Honorable.
APPLICANT CONTENDS THAT:
He has been married for 27 years, fathered 3 children and
retired in 2008. He is also active in his local church.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 22 Jun
81.
On 5 Jan 82, the applicant accepted an Article 15, Nonjudicial
Punishment, for being drunk and disorderly, a violation of
Article 134, Uniform Code of Military Justice. He was ordered
to forfeit $37.50 of his pay per month for two months.
On 14 Apr 83, the applicant accepted an Article 15, Nonjudicial
Punishment, for disrespectful in language towards a
Noncommissioned Officer, a violation of Article 91, Uniform Code
of Military Justice. He was ordered to 14 consecutive days of
correctional custody.
On 21 Feb 84, the applicant was notified by his commander of his
intent to recommend discharge for a Pattern of Misconduct in
accordance with AFR 39-10, Separation Upon Expiration of Term of
Service, for Convenience of Government, Minority, Dependency and
Hardship, Chapter 5, paragraph 5-47a.
On 23 Feb 84, the applicant consulted legal counsel and
submitted a statement on his behalf.
On 8 Mar 84, the Staff Judge Advocate reviewed the request and
found it legally sufficient to support a General discharge.
On 12 Mar 84, the discharge authority approved a General
discharge without probation and rehabilitation.
On 30 Mar 84, the applicant was furnished a General (Under
Honorable Conditions) discharge, and was credited with 2 years,
9 months, and 9 days of active service.
A request for post-service information was forwarded to the
applicant on 4 Aug 14 for review and comment within 30 days. As
of this date, no response has been received.
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-2014-02864 in Executive Session on 2 Jun 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-02864 was considered:
Exhibit A. DD Form 149, dated 5 Jun 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Clemency Information Bulletin.
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