RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03053
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His under honorable conditions discharge be upgraded to honorable.
APPLICANT CONTENDS THAT:
He has been an upstanding member of society since his discharge.
The Board should find it in the interest of justice to consider
his untimely application as the Department of Veterans Affairs
(DVA) rated him at 100 percent for service connected disability.
In support of his request, the applicant provides a copy of his DD
Form 214, Certificate of Release or Discharge from Active Duty,
and letters of support.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 28 Jun 78, the applicant entered the Regular Air Force.
On 29 Apr 83, the applicants commander notified him that he was
recommending he be discharged for a pattern of misconduct;
specifically, discreditable involvement with military or civil
authorities In Accordance With (IAW) AFR 39-10, Administrative
Separation of Airmen, paragraph 5-47a. The reasons for the
recommendation include an Article 15 for driving while under
revocation of driving privileges, a Letter of Reprimand (LOR) for
failing to maintain dormitory room standards, vacation of an
Article 15 for failure to go, counselings for financial matters
and missing appointments and vacation of NCO status for qualities
unbecoming of an NCO. The applicant was advised of his right to
consult counsel, submit statements in his own behalf and was
scheduled for a medical examination.
On 29 Apr 83, the applicant acknowledged the discharge
notification, consulted counsel and submitted a statement in his
own behalf requesting an honorable discharge.
On 17 May 83, the staff judge advocate found the recommendation
for discharge legally sufficient to support the applicants
discharge with a general discharge.
On 18 May 83, the discharge authority approved the discharge
recommendation without probation and rehabilitation.
On 18 May 83, he received a general (under honorable conditions
discharge with a narrative reason for separation of Misconduct-
pattern of discreditable involvement with military or civil
authorities.
On 13 Mar 15, the AFBCMR provided the applicant an opportunity to
provide information pertaining to his activities since leaving the
service (Exhibit C). As of this date, this office has not
received a response.
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 this 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, we do not find the evidence presented is
sufficient to recommend granting relief on that basis. 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-2014-03053 in Executive Session on 13 May 15 under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Jul 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 13 Mar 15, w/atchs.
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