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AF | BCMR | CY2010 | BC 2010 02751
Original file (BC 2010 02751.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02751 

 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

___________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

___________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He made some very bad decisions while serving in the Air Force. He 
wishes he had not rebelled and had followed the guidance provided 
by his leadership. However, he has since turned his life around by 
becoming an honorable and respected citizen. He was only 17 years 
old when he enlisted into the military and did not understand his 
role in the military. He requests his application be favorably 
considered so that his honor can be restored; he asks this in the 
name of learning and changing as a part of valuable lessons learned 
in life. 

 

In support of his request, the applicant provides a copy of his 
resume. 

 

His complete submission, with attachment, is at Exhibit A. 

 

___________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted into the Regular Air Force on 9 Feb 79. He 
was notified by his commander that he was recommending him for 
discharge from the Air Force under the provisions of AFM 39-12, 
Chapter 2, Section A, paragraph 2-4c. The specific reasons were 
for being apathetic, and for having a defective attitude and 
inability to expend effort constructively. The applicant 
acknowledged the notification of discharge on 19 Nov 79 and was 
provided legal counsel. The 81st Tactical Fighter Wing Commander 
approved a general discharge. The applicant was discharged on 
14 Jan 80 after serving 11 months and 6 days 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 14 Sep 10, a copy of the FBI report was 
forwarded to the applicant for review and comment within 30 days. 
In response to our request, the applicant provided a personal 
statement, which is attached at Exhibit E. 


 

On 14 Sep 10, a request for information pertaining to his post-
service activities was forwarded to the applicant for response 
within 30 days. In response to our request, the applicant provided 
post-service information, which is attached at 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. We have thoroughly reviewed the circumstances surrounding the 
applicant's discharge. We find no impropriety in the 
characterization of the applicant's discharge. Considered alone, 
we conclude the discharge proceedings were proper and 
characterization of the discharge was appropriate to the existing 
circumstances. Consideration of this Board, however, is not 
limited to the events which precipitated the discharge. Further, 
we may base our decision on matters of equity and clemency rather 
than simply on whether rules and regulations which existed at the 
time were followed. Under our broader mandate and after careful 
consideration of all the facts and circumstances of the applicant's 
case, the Board majority is persuaded that corrective action is 
appropriate as a matter of equity and on the basis of clemency. 
The Board majority therefore concludes that the applicant's 
discharge should be upgraded to honorable. 

 

______________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT be corrected to show that on 17 January 1980, 
he was honorably discharged and furnished an Honorable Discharge 
certificate. 

______________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket Number 
BC-2010-02751 in Executive Session on 21 Oct 10, under the 
provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

By a majority vote, the Board voted to correct the records, as 
recommended. Mr. Parker voted to deny the applicant’s request and 
did not submit a Minority Report. The following documentary 
evidence was considered: 

 

 Exhibit A. DD Form 149, dated 20 Jul 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFBCMR, dated 14 Sep 10. 

 Exhibit E. Letter, Applicant, dated 15 Sep 10, w/atchs. 

 

 

 Panel Chair 

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