RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01696 

 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was spied on, railroaded and deterred from the service. 

 

In support of his request, the applicant provides a personal 
statement. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 26 May 1972. 

 

On 21 March 1974, 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 5-47a. The specific 
reasons were wrongfully using marijuana, disorderliness, driving 
without a license, 8 failures to report on time for duty, 
3 haircut violations and numerous instances of minor 
derelictions. For these involvements he received 3 Article 15s. 
A Psychiatric evaluation disclosed no mental disorder. 

 

He was advised of his rights in this matter and acknowledged 
receipt of the notification. After consulting with counsel, the 
applicant waived his right to a hearing before an administrative 
discharge board and elected to submit statements in his own 
behalf. 

 

 

 

 

 


In a legal review of the case file, the acting staff judge 
advocate found the case legally sufficient and recommended 
discharge. The discharge authority concurred with the 
recommendations and directed a general discharge. The applicant 
was discharged on 17 April 1974. He served 1 year, 10 months and 
22 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 25 June 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). The Board staff received returned mail – 
indicating unclaimed, attempted – not known and insufficient 
address. 

 

_________________________________________________________________ 

 

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. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved. 
Therefore, the request for a hearing is not favorably considered. 

 

_________________________________________________________________ 

 

 

 

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-2010-01696 in Executive Session on 6 January 2011, 
under the provisions of AFI 36-2603: 

 

 

 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-01696 was considered: 

 

 Exhibit A. DD Form 149, dated 7 April 2010, w/atchs. 

 Exhibit B. Applicant's Master Personnel Record. 

 Exhibit C. Federal Bureau of Investigation Report. 

 Exhibit D. Letter, AFBCMR, dated 25 June 2010. 

 

 

 

 

 

 Vice Chair