RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02629 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The applicant makes no contentions. 

 

In support of his request, the applicant provides 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: 

 

The applicant enlisted in the Regular Air Force on 24 March 1980. 

 

On 3 October 1985, the applicant was notified by his commander of 
his intent to recommend that he be discharged from the Air Force 
under the provisions of AFR 39-10, paragraph 5-49c. The specific 
reasons are as follows: 

 

The applicant was counseled on numerous occasions for failure to 
pay a debt and uttering worthless checks. 

 

Between on or about 2 August 1985 and 26 September 1985, the 
applicant received Letters of Reprimand (LORs) for driving under 
the influence of alcohol and resisting arrest, failure to report 
for duty on time, and a commander’s directed urinalysis was 
returned as positive. 

 

 

 

 

 

 


He was advised of his rights in this matter and acknowledged 
receipt of the notification. After consulting with counsel the 
applicant submitted a conditional waiver. He requested that he 
receive a general discharge. 

 

In a legal review of the case file, the staff judge advocate 
found the case legally sufficient and recommended discharge. On 
23 November 1985, the discharge authority concurred with the 
recommendations and directed discharge with a general (under 
honorable conditions) discharge. The applicant was discharged on 
4 December 1985. He served 10 years, 6 months and 25 days on 
active duty. 

 

Pursuant to the Board's request, the Federal Bureau of 
Investigation (FBI), Clarksburg, West Virginia, provided an 
arrest record which is at Exhibit C. 

 

On 9 November 2010, a copy of the FBI Report of Investigation and 
a request for information pertaining to his post-service 
activities was forwarded to the applicant for review and response 
within 30 days (Exhibit D). As of this date, this office has 
received no response. 

 

_________________________________________________________________ 

 

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 
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. 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 the evidence presented did not 
demonstrate the existence of an error or injustice; the 
application was denied without a personal appearance; and 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-2010-02629 in Executive Session on 3 March 2011, under 
the provisions of AFI 36-2603: 

 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-02629 was considered: 

 

 Exhibit A. DD Form 149, dated 10 July 2010, w/atch. 

 Exhibit B. Applicant’s Master Personnel Record. 

 Exhibit C. Federal Bureau of Investigation Report. 

 Exhibit D. Letter, AFBCMR, dated 9 November 2010. 

 
 

 Panel Chair