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 applicants 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 applicants discharge package in file.
Pursuant to the Boards 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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