Record of Proceedings s1

RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-04327 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO ______APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable and his reenlistment eligibility (RE) code be changed to a waiverable code so that he can enlist in the Air National Guard. ______APPLICANT CONTENDS THAT: He made mistakes as a youth. Due to the cost and time invested to recruit and train him, he feels his military time could have been better served if he had received additional administrative disciplinary action instead of a discharge. In support of this application, the applicant submits a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant's complete submission, with attachment, is at Exhibit A. ______STATEMENT OF FACTS: On 15 May 85, the applicant enlisted in the Regular Air Force. On 10 Sep 87, his commander notified him that he was recommending his separation from the Air Force under the provisions of AFR 39-10, Separation Upon Expiration of Term of Service, for Convenience of Government, Minority, Dependency and Hardship. His specific reasons for his actions were as follows: 1) On 31 Jan 86, he failed to attend an appointment at the base hospital. For this offense, he received a Letter of Counseling (LOC). 2) On between 10 May 87 and 15 Jun 87, he received three traffic citations. 3) On 14 Aug 87, he operated a motorcycle in a wreckless manner, illegally passed vehicles, disobeyed traffic signs and attempted to elude security policemen on base. For this offense he received an Article 15. A review of the discharge case file by the Staff Judge Advocate was found legally sufficient. The discharge authority approved the recommended discharge. On 18 Sep 87, he was discharged with a general (under honorable conditions) character of service without probation and rehabilitation. He had served 2 years, 4 months and 13 days on active duty. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C. On 14 Sep 10, a copy of the FBI report and a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit D).

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APPLICANT’S RESPONSE TO FBI REPORT AND POST-SERVICE:

In his response dated 29 Sep 10, the applicant explains the charges listed in the FBI report. He worked several jobs while attending Community College and has earned various certifications and letters of recommendation. He earned his Bachelor’s and Master’s degrees in Information Systems Technology on line. He is remarried and has two children.

He includes his resume with work history and plans to open his own gas station/convenience store in the very near future. His greatest disappointment was his discharge from military service because he loved everything about his time in the Air Force.

The applicant’s complete submission, with attachments, is at Exhibit E.

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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 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

2 available evidence of record, it appears the discharge and RE code were 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. We considered upgrading the discharge based on clemency; however, in view of the contents of the FBI Identification Record, we are not persuaded that the characterization of the applicant’s discharge warrants an upgrade on the basis of clemency. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought.

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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.

______The following members of the Board considered this application in Executive Session on 19 Oct 10, under the provisions of AFI 36-2603:

, Panel Chair , Member , Member

The following documentary evidence was considered:

Exhibit A. DD Form 149, dated 4 Nov 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 14 Sep 10. Exhibit E. Letter, Applicant, dated 29 Sep 10, w/atchs.

Panel Chair