RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03683
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
APPLICANT CONTENDS THAT:
The Board should consider his untimely application in the interest
of justice because he never knew he could file for modification
until recently.
In support of his request, the applicant provides a copy of VA
Form 21-4138, Statement in Support of Claim.
The applicants complete submission, with attachment, is at
Exhibit A.
STATEMENT OF FACTS:
On 21 Jul 86, the applicant enlisted in the Regular Air Force.
On or about 22 Oct 86, the applicant was an accessory to an
offense punishable by the Uniform Code of Military Justice (UCMJ)
committed by two other airmen to wit: possession of alcoholic
beverages in the dormitory and in order to hinder the apprehension
or punishment of the airmen, the applicant assisted by concealing
the alcoholic beverage containers in the latrine. For this
misconduct, he received Non-Judicial Punishment (NJP) under
Article 15, UCMJ, reduction to the grade of airman, forfeiture of
$167.00 pay and seven days correctional custody. The portion of
the punishment which provided for reduction in grade to airman was
suspended until 25 Apr 87, unless sooner vacated.
On 14 Nov 86, the applicant was notified by his commander that the
vacation of suspension of his reduction in grade to airman was
being considered due to his failure to go. The applicant did not
consult legal counsel, request a personal appearance or submit
written matters in his own behalf. On 17 Nov 86, the applicants
commander vacated the suspension and reduced the applicant in
grade to airman with a new Date of Rank (DOR) of 29 Oct 86.
On or about 11 and 12 Jun 87, the applicant without authority
failed to go to his appointed place of duty. For this misconduct,
he was reduced in grade to airman basic, with a new DOR of 1 Jul
87.
On 10 Aug 87, the applicant was discharged with service
characterized as general (under honorable conditions) in the grade
of airman basic. He served 1 year and 18 days of total active
service.
On 2 Oct 14, the AFBCMR staff offered 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 applicants complete submission in judging the
merits of the case; however, we found 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
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 characterization
of the applicants discharge based on clemency; however, after
considering his overall record of service, the infractions which
led to his administrative separation and lack of post-service
documentation, we are not persuaded that an upgrade is warranted.
In view of the above and in the absence of evidence to the
contrary we find no basis upon which 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-2014-03683 in Executive Session on 12 May 15, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Sep 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 2 Oct 14, w/atch.
3
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On 27 Oct 87, the case was found legally sufficient and, on 4 Nov 87, the discharge authority directed the applicant be discharged. 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. Exhibit C. Letter, AFBCMR, dated 4 Aug 14, w/atchs.
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