RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00961 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His general (under honorable conditions) discharge be upgraded to 
honorable to allow him to be reinstated in the Air Force. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The discharge he received was too harsh and based on a vendetta 
against him. He would like to be reinstated in the Air Force and 
allowed to serve his country again. 

 

In support of the appeal, the applicant provides an assortment of 
documentation related to his request and excerpts from his 
military personnel records. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 17 May 05 for 
a period of four years. 

 

On 12 Dec 08, he was notified of his commander's intent to 
recommend him for a general discharge for Misconduct – Pattern of 
Minor Disciplinary Infractions. 

 

The commander stated the following reasons for the proposed 
discharge: 

 

a. Letter of Reprimand (LOR), on 4 Feb 08, for being 
asleep in a parked vehicle while smelling of alcoholic beverages. 


 

b. LOR, on 15 Aug 08, for drinking alcoholic beverages 
during the training week. 


 


c.LOR, on 23 Sep08, for disobeying a direct order.
d.LOR, on 8 Oct08, for failing to prepare his room for 
inspection.
e.LOR, on 5 Dec08, for willfully violating a direct 
order not to drive on Kirkland AFB, for a period of one year.
He was advised of his rights in this matterand submitted 
statements in his own behalf.

The discharge case was reviewed by the base legal office and 
found to be legally sufficient to support discharge and 
recommended he be discharged with a general (under honorable 
conditions) dischargewithout probation and rehabilitation (P&R).

The discharge authority approved the separation and directed theapplicant be discharged with a general (under honorable 
conditions) dischargewithout P&R. 

On 7 Jan 09 he was given a generaldischarge characterization, 
and an RE Code of 2B, “Separated with a General or UOTHC 
Discharge”, which bars immediate reenlistment. He served a totalof 3 years, 7 months, and 21days of active duty service. 

AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial. DPSOSstates,that based on the 
documentation on file in the master personnel records,the 
discharge was consistent with the procedural and substantive 
requirements of the discharge regulation. The discharge 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.

DPSOS indicates the applicant was provided an opportunity to 
overcome his transgressions and misconduct. He was allowed to 
continue his pararescue training after he was charged with an 
off-base driving under the influence charge for which he receiveda deferred judgment. Despite being given this opportunity, his 
misconduct did not end as he was subsequently involved in anotheralcohol related incident, which he drank alcohol in violation of 
training regulations. His pattern of disregard for authority 
culminated when he drove his vehicle onto the installation 
against the order of the 377thMedical Services Group Commander. 

2


Further, the justification the applicant submitted with his 
appeal to the Board was submitted as part of the discharge 
package and was made available to the discharge authority in 
rendering his decision to discharge the applicant and whether P&R 
was appropriate. 

 

The complete AFPC/DPSOS evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 26 Sep 09, for review and comment within 30 days. 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 error or injustice. After a 
thorough review of his submission and the available evidence of 
record, we are not persuaded that he should be awarded the 
requested relief. We took notice of the 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 expressed as the basis for 
our conclusion the applicant has not been the victim of an error 
or an injustice. In view of the above and in the absence of 
persuasive evidence to the contrary, we find no compelling basis 
to recommend granting the remaining relief sought in this 
application. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES: 

 

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-2009-00961 in Executive Session on 3 Dec 09, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 29 Mar 09, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOS, 19 Aug 09. 

 Exhibit D. Letter, SAF/MRBR, 26 Sep 09. 

 

 

 

 

 

 

 Panel Chair