RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04565 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable, his narrative reason for separation be changed from “unsatisfactory performance” to “satisfactory performance,” and his separation and reenlistment codes be changed to reflect honorable conditions. ________________________________________________________________ APPLICANT CONTENDS THAT: In 1985, he was falsely accused then discharged from the Air Force. He never had the opportunity to defend himself properly and voice his side of the incidences. His military career and life were destroyed during that time period. He wants his discharge to reflect his performance and awards. He wants to correct the wrong that shouldn’t have happened, complete 20 years of service, and retire in good faith under honorable conditions. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, and personal supporting documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 17 July 1980. On 9 August 1985, the applicant was notified by his commander that he was recommending him for discharge from the Air Force for unsatisfactory duty performance under the provisions of AFR 39-10, Administrative Separation of Airmen, paragraph 5-26a. The specific reasons for this action are noted in the Letter of Notification of Discharge at Exhibit B. The applicant acknowledged receipt of the notification of discharge and was advised of his right to consult counsel and submit statements on his behalf: he consulted counsel and submitted a written statement for consideration. Subsequent to the file being found legally sufficient, the discharge authority approved the separation and directed the applicant be discharged with a general (under honorable conditions) characterization of service without probation and rehabilitation. The applicant was released from active duty on 13 September 1985 and was credited with 5 years, 1 month and 27 days of active duty service which included 2 years, 8 months and 4 days of Foreign Service. The Air Force Discharge Review Board (AFDRB) reviewed the applicant’s request for an upgrade to his discharge on 28 January 1987 and concluded that there existed no legal or equitable basis for upgrade of discharge. Pursuant to the Board's request, the FBI was unable to identify an arrest record on the basis of information furnished. On 29 March 2012, the applicant was given an opportunity to submit comments regarding his post service activities (Exhibit C). In response, the applicant provided an expanded statement indicating there was a personality conflict between him and the Flight Chief which led to allegations of unsatisfactory duty performance and his subsequent discharge from the Air Force. Since leaving the Air Force he has worked very hard to prove that he can do a good job. He has earned two Associates and one Bachelor’s Degrees and made positive contributions to his community, and profession. In support of his expanded statement, the applicant provides letters of support from colleagues friends. The applicant’s complete response, with attachments, is at 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 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. The applicant’s reenlistment code, separation code, and narrative reason for separation which were assigned at the time of his separation accurately reflect the circumstances of his separation; evidence has not been provided that would lead us to believe otherwise. In the interest of justice, we considered upgrading the discharge based on clemency and considered the applicant's overall post-service activities and accomplishments; however, the evidence submitted was not sufficient to compel us to recommend granting the relief sought on that basis. Therefore, 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 that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 this application BC-2011-04565 in Executive Session on 28 June 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149 dated 11 November 2011, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 29 March 2012. Exhibit D. Letter, Applicant, not dated, w/atchs.