RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03185
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded
to Honorable.
APPLICANT CONTENDS THAT:
He found out years later after his discharge that this could be
requested. He adds that if his request is approved it will make
it much easier to secure home loans, schooling and aide through
the Department of Veterans Affairs (DVA). Additionally, it just
looks and sounds better.
During his enlistment his commander was trying to dishonorable
discharge him because they did not see eye to eye on his married
life.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 6 Jun
83.
On 23 May 84, the applicant accepted an Article 15, Nonjudicial
Punishment, for being found drunk on duty a violation of Article
112 of the Uniform Code of Military Justice. The commander
reduced him in rank to airman basic and ordered him to forfeit
$100 per month for two months.
On 15 Jun 84, the commander set aside the portion of his
punishment relating to the forfeiture of money.
On 20 Jul 84, the applicant failed to meet the minimum
standards/goals of Substance Abuse Rehabilitation Program
(SARP). While attending SARP, he was constantly disruptive to
the group process while maintaining a very negative attitude for
rehabilitation. They determined the applicant did not have the
requisite attitude for completion and recommended he not be
considered for reentry as it would set a negative precedence and
would adversely affect the rehabilitation of others.
On 3 Aug 84, the applicant was notified by his commander that he
was recommending him for discharge for failure in alcohol
rehabilitation and drug abuse in accordance with AFR 39-10,
Separation Upon Expiration of Term of Service, for Convenience
of Government, Minority, Dependency and Hardship, Chapter 5,
Section F, paragraph 5-32 and 5-49c. The commander recommended
the applicants service be characterized as General (Under
Honorable Conditions).
On 7 Aug 84, the applicant waived his right to submit statements
on his behalf and confirmed he had consulted counsel.
On 15 Aug 84, the Staff Judge Advocate reviewed the discharge
action and found it legally sufficient to support discharge.
The discharge authority reviewed the case and based on the
applicants failure to successfully complete the alcohol abuse
rehabilitation program approved his discharge with a service
characterization of General (Under Honorable Conditions).
On 28 Aug 84, the applicant was furnished a General (Under
Honorable Conditions) discharge, and was credited with 1 year, 2
months, and 23 days of active service.
On 5 May 90, the Air Force Discharge Review Board (AFDRB)
carefully reviewed and considered all of the facts of record in
the applicants case. After a thorough deliberation, the Board
concluded a change in the type or nature of his discharge was
not warranted.
A request for post-service information was forwarded to the
applicant on 6 Aug 14 for review and comment with 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-2014-03185 in Executive Session on 25 Jun 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-03185 was considered:
Exhibit A. DD Form 149, dated 1 Aug 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Clemency Information Bulletin.
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