RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03637 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He has not been in civil trouble and has been homeless for the 
past three years. He is unemployed, in financial distress and 
requires medical attention. He requests his discharge be 
upgraded to obtain medical care and benefits. 

 

In support of his request, the applicant submits 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 29 April 
1981. On 10 May 1983, he was notified of his commander’s intent 
to recommend him for discharge for unsatisfactory performance. 
Specifically, the applicant received one Article 15, one Letter 
of Reprimand, four Letters of Counseling and two verbal 
counselings. The applicant acknowledged his right to consult 
counsel and submit matters on his behalf: which he did. The 
Staff Judge Advocate reviewed the case and found it legally 
sufficient on 23 May 1983. 

 

The discharge authority directed the applicant be discharged 
with a general (under honorable conditions) discharge. His 
narrative reason for separation was listed as unsatisfactory 
performance. He was credited with 2 years, 1 month and 26 days 
of active duty service. 

 


Pursuant to the Board’s request, the Federal Bureau of 
Investigation, Clarksburg, West Virginia provided a copy of an 
investigation report (Exhibit C). 

 

On 20 October 2011, 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. 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 during the discharge process. 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, or unduly harsh. We 
considered upgrading the discharge based on clemency; however, 
we are not inclined to extend clemency at this time, as the 
applicant has provided no evidence pertaining to his activities 
and accomplishments since his discharge. Therefore, in the 
absence of such evidence, we find no basis to recommend granting 
the relief sought in this application. 

 

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 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 2011-03637 in Executive Session on 23 February 2012, 
under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 30 Aug 11, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Investigative Report 

 Exhibit D. Letter, AFBCMR, dated 20 Oct 11. 

 

 

 

 

 

 Panel Chair