RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-01168 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was unjustly accused of forgery. 

 

He is trying to get Department of Veterans Administration (DVA) 
benefits. 

 

In support of his request, applicant provided 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: 

 

Applicant enlisted in the Regular Air Force on 3 Apr 86 and was 
progressively promoted to the grade of airman first class. 

 

On 8 Feb 88, the applicant was notified by his squadron commander 
that he was recommending he be discharged from the Air Force for 
a pattern of misconduct, conduct prejudicial to good order and 
discipline. His commander recommended a general discharge. The 
reasons for the action were: 1) On 4 Dec 87, applicant received 
a Letter of Counseling (LOC) for failure to perform his assigned 
duties properly; 2) On 8 Dec 87, applicant received a Letter of 
Reprimand (LOR) for being absent without authority (AWOL); 3) On 
21 Dec 87, applicant received a LOC for failure to report for 
duty on time; and 4) On 23 Dec 87, applicant received an Article 
15 for willfully and unlawfully altering a public record, his 
Airman Performance Report (APR) dated 28 Sep 87, and did on or 
about 28 Sep 87 willfully and unlawfully alter a public record, 
his On-the-Job Training (OJT) Record. Punishment consisted of a 
suspended reduction to the grade of airman, and forfeiture of 
$50.00 pay. 

 

On 8 Feb 88, the applicant acknowledged receipt of the 
notification of discharge and, after consulting with counsel, 
submitted a statement in his own behalf. 


 

The Staff Judge Advocate found the case file legally sufficient 
to support the discharge and the discharge authority approved a 
general discharge without probation and rehabilitation. The 
applicant was discharged on 18 Feb 88, in the grade of airman 
first class, under the provisions of AFR 39-10, by reason of 
misconduct-pattern prejudicial to good order and discipline. He 
served on active duty for two years, two months, and three days. 

 

On 10 Sep 90, the applicant appeared before the Air Force 
Discharge Review Board (AFDRB) requesting his general discharge 
be upgraded to honorable. After review of the evidence of 
record, the AFDRB concluded the discharge was consistent with the 
procedural and substantive requirements of the discharge 
regulation and was within the discretion of the discharge 
authority, and that the applicant was provided full 
administrative due process. The AFDRB denied the applicant’s 
request for an upgrade of his discharge. A copy of the AFDRB 
Hearing Record is attached at Exhibit B. 

 

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 8 May 09, a copy of the FBI report was 
forwarded to the applicant for review and comment within 30 days. 
At the same time the AFBCMR staff offered the applicant an 
opportunity to provide information pertaining to his activities 
since leaving the service (Exhibit D). 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. We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, based on the available evidence of record, it 
appears the discharge was 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, we do not find the evidence presented is 
sufficient to compel us 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 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-2009-01168 in Executive Session on 17 Jun 09, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , II, Member 

 

The following documentary evidence pertaining to Docket Number 
BC-2009-01168 was considered: 

 

 Exhibit A. DD Form 149, dated 26 Mar 09, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report of Investigation. 

 Exhibit D. Letter, AFBCMR, dated 8 May 09. 

 

 

 

 

 

 Panel Chair