RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04107 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

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APPLICANT REQUESTS THAT: 

 

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

 

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APPLICANT CONTENDS THAT: 

 

As result of a physical altercation with his wife, he was 
arrested and received nonjudicial punishment. He was scared and 
accepted the discharge based on the advice he received from his 
first sergeant. 

 

The applicant’s complete submission is at Exhibit A. 

 

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STATEMENT OF FACTS: 

 

On 12 Nov 87, the applicant commenced his enlistment in the 
Regular Air Force. 

 

On 19 Mar 91, the applicant’s commander notified him he was 
recommending his discharge from the Air Force for misconduct. 
The reasons for the action were that he received a Letter of 
Reprimand (LOR) for failing to report and non-judicial 
punishment under Article 15 of the Uniform Code of Military 
Justice (UCMJ) for physically assaulting his wife. 

 

On 19 Mar 91, after consulting with legal counsel, the applicant 
acknowledged receipt of the action and waived his rights to 
submit a statement in his own behalf. 

 

On 27 Mar 91, the applicant was furnished a general (under 
honorable conditions) discharge and credited with 3 years, 
4 months, and 16 days of total active service. 

 

On 29 Mar 13, a request for post-service information was 
forwarded to the applicant for review and response within 30 
days (Exhibit C). As of this date, no response has been 
received by this office. 

 

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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 an 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 his service and narrative reason 
for separation was contrary to the provisions of the governing 
regulation, unduly harsh, or disproportionate to the offenses 
committed. In the interest of justice, we also considered 
upgrading the discharge based on clemency; however, in the 
absence of any evidence related to his activities since leaving 
the service, we are not inclined to recommend granting the 
requested relief on that basis. Therefore, in the absence of 
evidence to the contrary, we find no basis upon which to 
recommend granting the relief sought. 

 

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THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material 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. 

 

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-04107 in Executive Session on 14 May 13, 
under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

 

 

 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-04107 was considered: 


 

 Exhibit A. DD Form 149, dated 31 Aug 12. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFBCMR, dated 29 Mar 13, w/atch. 

 

 

 

 

 

 Panel Chair