RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01198
			COUNSEL:  NONE
			HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His narrative reason for separation (Misconduct – Pattern of 
Minor Disciplinary Infractions) be changed.

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APPLICANT CONTENDS THAT:

The punishment he received was unfair.  He was reprimanded twice 
while stationed in Louisiana.  He received his first reprimand 
because he was 3 hours late returning from a 72 hour pass.  On 
his return trip the rear window shattered and it took him 3 
hours to get to the base which caused him to be “absent without 
leave.”  He received the second reprimand for not adhering to 
military standards.  A correction to his records will allow him 
to receive Department of Veterans Affairs (DVA) services and 
health care benefits.

In support of his request the applicant provides a personal 
statement, copies of his DD Form 214, Certificate of Release or 
Discharge from Active Duty; DD For 4/4, Confirmation of 
Enlistment or Reenlistment; and AF Forms 3070, Notification of 
Intent to Impose Nonjudicial Punishment.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 22 Sep 1982, the applicant enlisted in the Regular Air Force 
for a period of four years.

On 7 Dec 1983, his commander notified him that she was 
recommending he be discharged under the provisions of AFR 39-10, 
Administrative Separation of Airmen, for minor disciplinary 
infractions.  The specific reasons for her action are reflected 
in the Notification Memorandum at Exhibit B.

On 7 Dec 1983, the applicant acknowledged receipt of the 
discharge notification and on 13 Dec 1983, he provided a 
statement for consideration.

On 22 Dec 1983, the Staff Judge Advocate found the discharge 
legally sufficient.

On 28 Dec 1983, he was discharged from the Air Force with a 
general (under honorable conditions) discharge.  The narrative 
reason for separation was “Misconduct-Pattern of Minor 
Disciplinary Infraction.”  He served a total of 1 year, 3 months 
and 7 days of active duty.

On 29 Oct 2013, a request for post-service information was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit C), as of this date, no response has been received by 
this office.

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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.  While the 
applicant states the punishment he received was unfair, he has 
not provided any evidence which would lead us to believe the 
narrative reason for separation he received was in error, unduly 
harsh or contrary to the provisions of the governing regulation.  
Additionally, we do not believe changing his narrative reason 
for separation as requested will make him eligible for DVA 
benefits.  We recommend the applicant contact the DVA for a 
determination of whether or not he is eligible for DVA benefits.  
Therefore, in the absence of evidence to the contrary, we find 
no basis upon which to recommend granting the relief sought in 
this application.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.

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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.

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The following members of the Board considered this application 
in Executive Session on 5 Dec 2013, under the provisions of AFI 
36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered in AFBCMR BC-
2013-01198:

    Exhibit A.  DD Form 149, dated 4 Mar 2013, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFBCMR, dated 29 Oct 2013.




                                   
                                   Panel Chair