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AF | BCMR | CY2010 | BC 2010 02796
Original file (BC 2010 02796.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02796 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His general (under honorable conditions) discharge be upgraded. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His discharge was inequitable because it was based on an isolated 
incident in 24 months of service with no other adverse actions. 
He never wanted to be discharged from the Air Force. 

 

In support of his request, the applicant provides copies of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty; his transcript from the Community College of the Air Force, 
and a letter from the Department of Veterans Affairs (DVA). 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 23 April 1981, the applicant enlisted in the Regular Air 
Force. 

 

On 4 January 1983, the applicant was involuntarily discharged 
under the provision of AFR 39-10 (Misconduct - Pattern of Minor 
Disciplinary Infractions) with service characterized as general 
(under honorable conditions) in the grade of airman. He served 
1 years, 8 month and 12 days of total active military service. 

 

There was no copy of the applicant’s discharge package in file. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI), Clarksburg, WV, provided a copy of an 
Investigation Report (Exhibit C). 

 

On 4 February 2011, a request for information pertaining to his 
post-service activities and a copy of the FBI report were 
forwarded to the applicant for response within 30 days (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. The discharge 
appears to be in compliance with the governing directives and we 
find no evidence to indicate that his separation from the Air 
Force was inappropriate. We find no evidence of error in this 
case and after thoroughly reviewing the documentation that has 
been submitted in support of the applicant's appeal, we do not 
believe he has suffered from an injustice. In addition, based on 
his overall record of service and no 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. 

 

________________________________________________________________ 

 

THE BOARD DETERMINED 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 BC-2010-02796 in Executive Session on 12 April 2011, under 
the provisions of AFI 36-2603: 

 

Panel Chair 

Member 

Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 30 Jul 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report, dated 28 Sep 10. 

 Exhibit D. Letter, AFBCMR, dated 4 Feb 11. 

 

 

 

 

 Panel Chair 

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