RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03616
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general discharge be upgraded to honorable.
APPLICANT CONTENDS THAT:
He was not afforded the opportunity to meet with legal counsel
prior to the disposition of his Article 15 action. Reduction in
grade is one of the most severe forms of nonjudicial punishment
and should be used with discretion.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
13 Aug 87.
On 2 Aug 88, the applicants commander imposed non-judicial
punishment (NJP) for violation of Article 123a of the Uniform
Code of Military Justice (UCMJ) for writing checks on 9 and
15 Jul 88 to another military member in the amount of $50.00,
knowing he had insufficient funds to cover these checks. For
this action the applicant received reduction to the grade of
Airman Basic (AB) with a new date of rank (DOR) of 29 Jul 88.
According to the AF Form 3070, Record of Nonjudicial Punishment
Proceedings, the applicant initialed that he had consulted with
a lawyer and that he waived his right to demand trial by court
martial and accepted non-judicial punishment proceedings, he did
not request to make a personal appearance before his commander,
nor did he attach a written presentation.
On 2 Aug 88, the applicant was furnished a general discharge,
with a narrative reason for separation of unsatisfactory
performance, and was credited with 1 year and 20 days of active
service.
On 12 Sep 14, a request for post-service information was
forwarded to the applicant for review and response within 30
days. As of this date, no response has been received by this
office (Exhibit C).
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. While it
appears that a copy of the discharge package is not available
for our review, the presumption of regularity in the conduct of
governmental affairs dictates that, absent evidence to the
contrary, it should be presumed that the applicants discharge
for unsatisfactory performance was carried out according to the
prescribing directive in effect at the time of the applicants
discharge. 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-2014-03616 in Executive Session on 14 May 15, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-03616 was considered:
Exhibit A. DD Form 149, dated 31 Jul 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 12 Sep 14.
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