RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00466 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He was young when he was discharged from the Air Force. He subsequently received a waiver to reenlist in the Army National Guard and served for a total of over five years in the military. His service with the Army National Guard was characterized as honorable. He would like his Air Force service to also be characterized as honorable. In support of his appeal, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty; Army National Guard Honorable Discharge Certificate; and his National Guard Bureau Report of Separation and Record of Service. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who served on active duty from 15 June 1986 to 17 September 1987. On 26 May 1987 and 31 July 1987, the applicant received Article 15 punishments for being derelict in the performance of his duties by willfully consuming alcohol beverages. The punishment for his 26 May 1987 Article 15 consisted of reduction to the grade of airman basic (E-1), forfeiture of $100 per month for two months, and extra duty for 45 consecutive days. However, the execution of that portion of his punishment which provided for reduction in grade to airman basic was suspended until 26 November 1987, at which time, unless the suspension was sooner vacated, would be remitted without further action. The punishment for his 31 July 1987 Article 15 was forfeiture of $200 pay per month for two months and 30 days Correctional Custody effective 5 August 1987. In addition, his suspended reduction in grade to airman basic was vacated. On 12 August 1987, the applicant was removed from Correctional Custody for failure to conform to standards. On 31 August 1987, the applicant was notified of his commander’s intent to recommend him for a general (under honorable conditions) discharge for “Misconduct – Pattern of Minor Disciplinary Infractions,” under the provisions of Air Force Regulation 39-10, Chapter 5, Section H, paragraph 5-46. ________________________________________________________________ _ The applicant acknowledged his commander’s intent, consulted council, and waived his right to submit a statement in his own behalf. After the Assistant Staff Judge Advocate found the case to be legally sufficient on 4 September 1987, the discharge authority approved the recommended discharge without probation or rehabilitation on 17 September 1987. The applicant was discharged from active duty in the grade of airman basic effective 18 September 1987 with a general (under honorable conditions) discharge. He served one year, two months, and four days on active duty. The applicant subsequently joined the Army National Guard on 2 June 1995 and served until his separation on 1 June 1999. His National Guard Bureau Report of Separation and Record of Service reflects he served honorably in the Army National Guard. ________________________________________________________________ _ 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, the Board finds 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, the Board does not find the evidence presented is sufficient to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, the Board finds 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 AFBCMR Docket Number BC-2013-00466 in Executive Session on 3 December 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2013-00466: Exhibit A. DD Form 149, dated 24 Jan 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. 2 3 4