RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01203 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Because of the sexual trauma that occurred in the military, his 
performance suffered. He had a loss of motivation, became 
suspicious and felt threatened by military personnel around him. 

 

In support of his request, the applicant provides medical notes 
from the Hudson Valley Health Care Outpatient Clinic. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 14 September 
1973 and was progressively promoted to the grade of airman first 
class. 

 

On 23 July 1976, his commander notified the applicant that he was 
recommending his discharge from the Air Force under the 
provisions of AFM 39-12, Separation for Unsuitability, 
Misconduct, Resignation, or Request for Discharge for the Good of 
the Service and Procedures for the Rehabilitation Program, with a 
general discharge. The specific reasons for this action were: 1) 
He received three Article 15 actions for failure to go and 
failure to maintain quarters in a clean, orderly and safe 
condition; 2) He received four Letters of Counseling for failure 
to keep his dormitory room clean and being late for work; 3) His 
previous suspension was vacated for failure to maintain quarters 
in a clean and safe manner; 4) He was placed on the Control 
Roster for his past conduct and failure to comply with 
directives. 

 

On 23 July 1976, the applicant acknowledged receipt of the 
notification of discharge and received advice from a military 


defense attorney. The Staff Judge Advocate found the case file 
legally sufficient to support the separation and recommended the 
applicant’s request for discharge be approved and that he receive 
a general discharge. On 6 August 1976, the discharge authority 
determined that a general discharge was appropriate in light of 
the applicant’s overall military record. 

 

On 25 August 1976, the applicant was discharged with a general 
discharge (under honorable conditions) after completing a period 
of 2 years, 11 months and 12 days of total active service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI), Clarksburg, WV, provided a copy of an 
Investigation Report (Exhibit C). 

 

On 1 June 2010, the FBI investigation and a request for post-
service information were forwarded to the applicant for response 
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. The discharge 
appears to be in compliance with the governing directives and we 
find no evidence to indicate that his separation from the Air 
Force was inappropriate. We find no evidence of error in this 
case and after thoroughly reviewing the documentation that has 
been submitted in support of the applicant's appeal, we do not 
believe he has suffered from an injustice. In addition, based on 
his overall record of service, the contents of the FBI Report, 
and the limited documentation related to his post-service 
activities and accomplishments, we are not persuaded that an 
upgrade of the characterization of his discharge on the basis of 
clemency is warranted. 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 AFBCMR Docket 
Number BC-2010-01203 in Executive Session on 7 July 2010, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

, Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 20 Mar 10, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report, dated 30 Apr 10. 

 Exhibit D. Letter, AFBCMR, dated 1 Jun 10. 

 

 

 

 

 

 

 Panel Chair