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AF | BCMR | CY2010 | BC-2010-00504
Original file (BC-2010-00504.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00504 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He believes it was unjust for him to be given a general (under 
honorable conditions) discharge. 

 

He served our country honorably for over six years and feels 
that an honorable discharge is justified and deserved. 
Following his discharge from active duty, he joined the Oregon 
Army National Guard and served honorably for an additional year. 

 

In support of his request, the applicant provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty. 

 

The applicant's complete submission, with attachment, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered the Regular Air Force on 23 Apr 68. He is 
credited with a total of seven years, one month and four days of 
active duty service. 

 

Available records reflect that on 4 Aug 69, the applicant 
received an Article 15, Record of Nonjudicial Punishment, for 
being disorderly on station. He received a suspended reduction 
in grade to airman. 

 

On 8 May 70, he received an Article 15 for unlawfully providing 
alcoholic beverages to minors. He received a suspended 
reduction to airman, an ordered forfeiture of $34, and ordered 
to perform 14 days of extra duty. 

 

On 28 Sep 72, he received an Article 15 for failure to go to his 
appointed place of duty at the prescribed time. He received a 


suspended reduction in grade to airman first class, forfeiture 
of $75, and 30 days of base restriction. 

 

On 1 May 74, he received an Article 15 for being absent without 
leave (AWOL) from 16 Apr 74 to 22 Apr 74. He received a 
reduction in grade to airman first class and forfeiture of pay 
for $175 for two months. 

 

On 13 May 74, the applicant’s commander notified him of pending 
discharge action. Specifically, the commander cited the 
applicant’s apathetic and defective attitude and performance as 
the basis for discharge. The applicant acknowledged receipt on 
15 May 74 and elected not to consult counsel or submit 
statements in his own behalf. 

 

On 22 May 74, the acting staff judge advocate found the 
discharge legally sufficient. On 4 Jun 74, the discharge 
authority directed discharge. He was discharged on 14 Jun 74 
with a general (under honorable conditions) discharge. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigations provided an investigative report which is at 
Exhibit C. A copy of the report and a request for post-service 
information were forwarded to the applicant on 30 Apr 10 for 
review and comment within 30 days (Exhibit D). As of this date, 
this office has not received a response. 

 

_________________________________________________________________ 

 

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 note the applicant has not shown an error 
or injustice occurred in the processing of his discharge. 
Further, we are not inclined to grant clemency based on the FBI 
report and a lack of post-service information. 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-2010-00504 in Executive Session on 13 July 2010, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 3 Feb 10, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFBCMR, dated 30 Apr 10, w/atch. 

 

 

 

 

 

 Panel Chair 

 



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