RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03978

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


________________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

He was young and immature.  He regrets he was not able to 
complete his term of service.  His disciplinary problems were 
never malicious, just childish and stupid.  The 21 months he 
served fulfilled the requirement to be eligible for benefits.

The applicant’s complete submission, with attachment, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 9 Feb 82, the applicant commenced his enlistment in the 
Regular Air Force.

On 24 Oct 83, the applicant’s was notified by his commander of 
his intent to recommend his discharge for Misconduct under the 
provisions of AFR 39-10, Administrative Separation of Airmen.  
The reasons for the action included failure to go at time 
prescribed to appointed place of duty, sleeping on duty, room 
inspection failure, writing checks on insufficient funds, and 
vacation of suspended punishment, all in violation of various 
articles of the Uniform Code of Military Justice (UCMJ), for 
which he received letters of counseling (LOC), a letter of 
reprimand (LOR), and nonjudicial punishment (NJP) under 
Article 15 of the UCMJ. 

The applicant acknowledged receipt of the action and waived his 
rights to submit a statement in his own behalf.



On 7 Nov 83, the case was found legally sufficient and the 
discharge authority directed the applicant be furnished a 
general discharge without probation and rehabilitation.

On 29 Nov 83, the applicant was so discharged and was credited 
with 1 year, 9 months, and 21 days total active service.

On 1 May 14, a request for post-service information was 
forwarded to the applicant for response within 30 days 
(Exhibit C).  As of this date, no response has been received by 
this office.

________________________________________________________________

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 was 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.  We 
considered upgrading the discharge based on clemency; however, 
in the absence of any evidence for us to consider in determining 
whether or not the applicant’s activities since leaving the 
service are sufficient to overcome the misconduct for which he 
was discharged, we are not inclined 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 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-2013-03978 in Executive Session on 1 Jul 14, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 19 Aug 13, w/atch.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFBCMR, dated 1 May 14, w/atch.




                                   Panel Chair




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