RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03558
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded to Honorable.
APPLICANT CONTENDS THAT:
When he first applied to the Air Force he was required to submit all of his convictions to the Recruiter and the Waiver Board. He complied with that request and was granted a waiver to enter the Air Force. Six months later, he was involuntarily released with a General discharge because of a prior arrest, which did not lead to a conviction.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 18 Dec 79.
On 29 May 80, the applicant was furnished a General (Under Honorable Conditions) discharge, with a narrative reason for separation of MisconductFraudulent EnlistmentBoard Waiver.
On 17 May 15, a request for post-service information was forwarded to the applicant for review and comment within 30 days. In response, the submitted a brief personal statement indicating he has been married for 27 years, raised a successful daughter, has a grandson, and has been a model citizen upholding all laws. In addition, he submitted four character references from his family and an acquaintance (Exhibit D).
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, other than his own explanation of why he received a General discharge the Board has no information concerning the stated criminal convictions or misconduct which served as the basis for his discharge, and there is no way for us to determine if the applicants accomplishments since leaving the service are sufficiently meritorious to overcome said misconduct. 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-2014-03558 in Executive Session on 9 Jul 15 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Aug 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBC, dated 22 Apr 15, w/atch.
Exhibit D. Letter, Applicant, dated 17 May 15, w/atchs.
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