RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-04071
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
APPLICANT CONTENDS THAT:
He did not get an opportunity for a hearing or a court-martial
prior to separation. His discharge was for having a toy pellet
gun. It was seen as being an actual fire arm because it had a
projectile. There was not any property damage of human contact
with the toy gun of any kind.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
2 Jul 82.
On 10 Nov 83, the applicants commander notified him he was
recommending his discharge for minor disciplinary infractions.
The reasons for this action are as follows: on 28 Feb 83, the
applicant received a Record of Individual Counseling (RIC) for
not following specific instructions on the proper operation of a
security police vehicle; on 27 Mar 83, he received a RIC for not
having all his required equipment during a mobility inspection;
on 14 Jun 83, he received RIC for failing to show for scheduled
weapons firing appointment; on 5 Jul 83, he received RIC for
failing to comply with AFR 35-10, Dress and Personal Appearance,
by being observed during an inspection as having a hole in his
fatigue shirt; on 6 Jul 83, he received a Letter of Reprimand
(LOR) for failing to attend commanders call and failing to
follow an order to proceed to the ammunition storage area
arguing and cussing with a non-commissioned officer.
On 10 Nov 83, the applicant acknowledged receipt of the action
and of his right to consult legal counsel and submit statements
on his own behalf.
On 21 Nov 83, the action was found to be legally sufficient and
on 29 Nov 83, the discharge authority concurred with the
commanders recommendation and directed the applicants general
(under honorable conditions) discharge.
On 1 Dec 83, the applicant was furnished a general (under
honorable conditions) discharge, and was credited with one year
and five months of active service.
On 8 Oct 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. 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-2014-04071 in Executive Session on 16 Apr 15, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-04071 was considered:
Exhibit A. DD Form 149, dated 2 Oct 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 8 Oct 14.
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