RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-03576
			COUNSEL: NO
			HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded 
to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged for failure to complete alcohol treatment.  

He was removed from the program three nights before completing 
the program for moving a chair so a nurse would have a place to 
sit.  He was accused of theft and kicked out of the program.

No documentation from the treatment facility was sent to his 
squadron so he should not have been discharged. 

He proudly served his country; went wherever and whenever he was 
told; and went above and beyond for his entire career.  

In support of his appeal, the applicant provides copies of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty; AF Form 77, Supplemental Evaluation Sheet; AF Form 910, 
Enlisted Performance Report; and various other documents 
associated with his request.  

The applicant's complete submission, with attachments, is at 
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 19 Jan 93, the applicant enlisted in the Regular Air Force.

On 26 Aug 97, the applicant was notified by his commander of his 
intent to recommend his discharge from the Air Force for failure 
in Track 4 of the Alcohol Treatment Program and Minor 
Disciplinary Infractions, under the provisions of AFI 36-3208, 
Administrative Separation of Airmen.  The specific reasons for 
the action included failure in the alcohol treatment program; 
failure to obey a lawful order, failure to report for duty at 
the time prescribed; failure to pay a just debt; traffic 
violation, writing a bad check; all in violation of various 
articles of the Uniform Code of Military Justice (UCMJ); for 
which he received letters of reprimand, letters of counseling 
and establishment of an Unfavorable Information File.  Before 
recommending discharge, the commander noted the applicant had 
been provided every opportunity to successfully meet and comply 
with Air Force standards and had shown an inability to conform.  
The applicant acknowledged receipt of the notification of 
discharge.  

On 29 Aug 97, after consulting with legal counsel, the applicant 
elected to submit a statement in his own behalf.  

On 11 Sep 97, the Staff Judge Advocate found the case to be 
legally sufficient and recommended the applicant receive a 
general (under honorable conditions) discharge without the offer 
of probation or rehabilitation. 

On 17 Sep 97, the discharge authority approved the applicant’s 
discharge.  On 19 Sep 97, the applicant was discharged for 
Misconduct with service characterized as general (under 
honorable conditions) in the grade of senior airman.  He served 
4 years, 7 months and 25 days of total active service.

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) indicated that on the basis of the 
information provided, they were able to locate an arrest record.

_________________________________________________________________

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 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 
applicant’s discharge based on clemency; however, after 
considering his overall record of service and the infractions 
which led to his administrative separation 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 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-2013-03576 in Executive Session on 27 May 14, under 
the provisions of AFI 36-2603:

Panel Chair
Member
Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 9 Jul 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.




								
			Panel Chair