RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00492
INDEX CODE: 110.02
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded.
________________________________________________________________
APPLICANT CONTENDS THAT:
He had trouble with transitioning from being a military
dependent to a military member. He was written up for a few
minor infractions and was trying to straighten up, when he was
arrested off-post. The charges were unfounded. The judge
scolded the police and the prosecutor and threw the case out.
However, the Air Force did not back him and discharged him
before having an opportunity to see the outcome of the case.
There was misconduct, but not serious offenses at all. His
criminal record is spotless. He was totally innocent, and had
never been in trouble before then or 23 years since then.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was discharged under the provisions of AFR 39-10,
on 3 Apr 87, with a reason for separation of misconduct-other
serious offenses. He was credited with 1 year and 22 days of
active duty service.
Pursuant to the Boards request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, indicated based on
data furnished; they are unable to locate an arrest record.
________________________________________________________________
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. Based upon the
presumption of regularity in the conduct of governmental affairs
and without evidence to the contrary, we must assume the
applicant's discharge was proper and in compliance with
appropriate directives. We also find insufficient evidence to
warrant a recommendation that the discharge be upgraded on the
basis of clemency. The applicant has not provided sufficient
information of post-service activities and accomplishments for
us to conclude that he has overcome the behavioral traits which
caused the discharge. Should the applicant provide statements
from community leaders and acquaintances attesting to his good
character and reputation and other evidence of successful post-
service rehabilitation, this Board may be inclined to reconsider
this case based on the new evidence. We cannot, however,
recommend approval based on the current evidence of record.
Therefore, in the absence of evidence to the contrary, we find
no basis upon which to recommend granting the relief sought.
________________________________________________________________
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.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-00492 in Executive Session on 13 October 2010,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Feb 2010.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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