RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03294 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation be changed from “Misconduct – Pattern of Minor Disciplinary Infractions” to “Convenience of the Government,” or “Reduction in Force.” ________________________________________________________________ APPLICANT CONTENDS THAT: He is trying to get approved for a Department of Veterans Affairs (DVA) loan and is four days short of eligibility. The Air Force was offering “early out” for airmen at the time and while he did have minor infractions, they did not warrant a discharge. The DVA website indicates that he may still be eligible if he were discharged due to convenience of the government or reduction in force. In support of his request the applicant provides a personal statement. The applicant's complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 20 Aug 1986, the applicant entered the Regular Air Force. On 27 Jul 1988, he was notified by his commander that he was recommending he be discharged from the Air Force under the provisions of 39-10, Administrative Separation of Airmen. The reasons for this action were: On or about 18 Aug 1987, he issued a worthless check in the amount of $50.00. On or about 17 Sep 1987, he issued a worthless check in the amount of $10.00. On or about 22 Sep 1987, he issued a worthless check in the amount of $20.00. On or about 30 Sep 1987, he issued a worthless check in the amount of $20.00. On or about 6 Oct 1987, his room was found to be in a disorderly state during an inspection. On or about 17 Nov 1987, he issued a worthless check in the amount of $20.00. On or about 29 Nov 1987, he violated a lawful regulation by operating his private motor vehicle without any insurance. On or about 29 Jun 1988, he disobeyed a lawful order not to operate a motor vehicle on any military installation, for a period of one year. On 27 Jul 1988, the applicant acknowledged receipt of the Discharge Notification, consulted with legal counsel and submitted a statement in his own behalf. On 29 Jul 1988, the Staff Judge Advocate found the discharge action legally sufficient. On 3 Aug 1988, the discharge authority directed he be discharged without probation and rehabilitation. On 16 Aug 1988, the applicant received a general (under honorable conditions) discharge. The narrative reason for separation is “Misconduct – Pattern of Minor Disciplinary Infractions.” He served on active duty for 1 year, 11 months and 27 days. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSOR recommends denial. DPSOR states that they found no error or injustice in the processing of the discharge action. Based on the documentation on file in the master personnel record, the discharge to include his characterization of service was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing. ? The complete DPSOR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 15 Oct 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (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 agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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 Docket Number BC-2013-03294 in Executive Session on 24 Apr 2014, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 6 Jul 2013, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 6 Sep 2013. Exhibit D. Letter, SAF/MRBR, dated 15 Oct 2013. 1 2