RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03743 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

______________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was discharged in his second term of service following an 
honorable first term. He has learned the importance of 
financial responsibility. An upgrade would enable him to better 
care for his family and allow for better job opportunities. 

 

The applicant’s complete submission is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 7 Jan 1998, the applicant enlisted in the Regular Air Force. 

 

On 19 Nov 2002, his commander notified him he was recommending 
he be discharged under the provisions of AFPD 36-32, Military 
Retirements and Separations and AFI 36-3208, Administrative 
Separation of Airmen, for minor disciplinary actions. The 
specific reasons for his action are reflected in the 
Notification Memorandum, dated 19 Nov 2002, at Exhibit B. 

 

On 27 Nov 2002, the Staff Judge Advocate found the discharge 
legally sufficient. 

 

On 13 Dec 2002, the applicant was discharged from the Air Force, 
with service characterized as general (under honorable 
conditions). He served 4 years, 11 months, and 6 days of total 
active service. 

 

On 28 Sep 2009, the Air Force Discharge Review Board (AFDRB) 
denied the applicant’s request for a discharge upgrade. A copy 
of the AFDRB hearing record is at Exhibit B. 

 

On 28 Mar 2013, a request for post-service information was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit C), as of this date, no response has been received by 
this office. 


 

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THE AIR FORCE EVALUATION: 

 

AFPC/DPSOR recommends denial. DPSOR states that based on the 
documentation on file in the master personnel records, the 
discharge to include his character of service was consistent 
with the procedural and substantive requirements of the 
discharge instruction and was within the discretion of the 
discharge authority. The applicant did not provide any evidence 
of an error or injustice that occurred in the discharge 
processing. The discharge authority approved a general (under 
honorable conditions) discharge based on his overall 
performance. According to AFI 36-3208, a general discharge is 
appropriate when "significant negative aspects of the airman's 
conduct or performance of duty outweighs positive aspects of the 
airman's military record." His misconduct in this case clearly 
outweighs the positive aspects of his service. The commander 
stated before recommending the discharge that every effort was 
made by his supervisors to rehabilitate him. He demonstrated a 
lack of respect for authority and a total disregard for policies 
and procedures constantly throughout his military career. The 
record further shows he was counseled on numerous occasions for 
his behavior and afforded an opportunity to overcome his 
deficiencies. 

 

The complete DPSOR evaluation is at Exhibit D. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

On 10 Oct 2012, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days. As of 
this date, no response has been received by this office (Exhibit 
E). 

 

________________________________________________________________ 

 

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 agree with the opinion and recommendation 
of the Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion the applicant has not 


been the victim of an error or injustice. In the interest of 
justice, we considered upgrading the discharge based on 
clemency; however, we do not find the evidence presented is 
sufficient to compel us to recommend granting the relief sought 
on that basis. Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting the relief 
sought in this application. 

 

________________________________________________________________ 

 

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 Docket Number BC-
2012-03743 in Executive Session on 30 May 2013, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, 17 Aug 2012. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFBCMR, dated 28 Mar 2013. 

 Exhibit D. Letter, AFPC/DPSOR, dated 27 Sep 2012. 

 Exhibit E. Letter, SAF/MRBR, dated 10 Oct 2012. 

 

 

 

 

 

 Panel Chair