RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02170 

 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

It is his understanding that the discharge can be changed. He 
does not believe his discharge is unjust; however, it is 
stopping him from applying for higher job positions. 

 

In support of his request, the applicant provides character 
reference letters. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 20 February 1990, the applicant enlisted in the Regular Air 
Force. 

 

On 5 January 1993, he was notified by his commander that he was 
recommending his discharge from the Air Force for misconduct. 
The specific reasons for this action were he received two 
Article 15 actions for unlawfully striking an airman in the face 
with a closed fist and wrongfully solicited a person to provide 
a false official statement to investigators. The applicant 
acknowledged receipt of the discharge notification and submitted 
a statement in his own behalf. 

 

On 21 January 1993, the judge advocate’s office reviewed the 
case and determined it was legally sufficient and recommended a 
general discharge certificate be furnished. 

 

The discharge authority approved a general discharge for 
misconduct. 

 

 

 


On 2 February 1993, the applicant was discharged in the grade of 
airman first class with a general under honorable conditions 
service characterization. He served three years on active duty. 

 

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 4 August 2010, a request for information pertaining to his 
post-service activities was forwarded to the applicant for 
response within 30 days. 

 

In response, the applicant states his military performance was 
excellent. However, when he was younger, he made mistakes and he 
takes full responsibility for his actions. 

 

In regards to the DUI in 2001, the case was dropped to a 
reckless driving charge. The officer who detained him that night 
made very positive comments to the judge and prosecutor on his 
behalf. Since that night he has grown up and quit drinking 100 
percent. 

 

While he received the correct discharge for his actions, he is 
requesting that the Board upgrade his discharge to allow him to 
evolve professionally in higher job positions. He has changed 
his life completely by being a devoted follower of Christ, a 
husband, father, and professional. Any assistance by the Board 
to close the childish chapter of his life would be greatly 
appreciated. 

 

The applicant’s complete response, is at Exhibit 

 

________________________________________________________________ 

 

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 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. In regards to the applicant’s request to correct his 
date of birth on the FBI report, this request is not under the 
preview of this Board. Therefore, in the absence of evidence to 
the contrary, we find no basis to favorably grant this request. 


 

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 issue(s) 
involved. Therefore, the request for a hearing is not favorably 
considered. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of an 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 BC-2010-02170 in 
Executive Session on 8 September 2010, under the provisions of 
AFI 36-2603: 

 

 Vice Chair 

 Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 1 Jun 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report, dated 14 Jul 10. 

 Exhibit D. Letter, AFBCMR, dated 4 Aug 10, w/atch. 

 Exhibit E. Applicant’s Response, undated. 

 

 

 

 

 

 Vice Chair