RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00605
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes he received a general (under honorable conditions)
discharge and his DD Form 214, Certificate of Release or
Discharge from Active Duty, only reflects general. It does
not reflect honorable or dishonorable.
In support of his request, the applicant provides copies of his
DD Form 214, AF Form 100, Request and Authorization for
Separation, character reference letters, Boston Parks and
Recreation Department 2005 Park Permit, scholarship essays, and
a basketball camp flyer.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 17 Feb 85 and is
credited with 1 year, 6 months, and 24 days of active service.
Available records reflect the applicant was discharged on
10 Feb 87 as a result of Alcohol Abuse Rehabilitation Failure.
Other derogatory information contained in the records reflect he
received an Article 15, Record of Nonjudicial Punishment, for
assaulting a female and he had four days of lost time due to a
civil confinement for three assault charges. On 2 Oct 86, he
was placed in the Alcohol Abuse Program due to problems with
alcohol. During the follow-on phase of the program, he was
involved in an assault on a police officer and disorderly
conduct, both due to intoxication.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided an investigative report which is at
Exhibit C. A copy of the FBI report and a request for post-
service information was forwarded to the applicant on 30 Apr 10
for review and comment within 30 days (Exhibit D).
In response to the post-service request and FBI report, the
applicant states his character and citizenship in the community
is undeniably good. His service to the country was good, as
suggested from two references while he was in the Air Force, his
commander and supervisor.
The charges in San Antonio were not true. He never assaulted
any officers of any kind. He never served any extended time in
jail after his arrest. However, he needs to improve his driving
record. The assault by means of a dangerous weapon was
dismissed. A Class D offense is now legal in Massachusetts,
specifically marijuana. The shoplifting charge was dismissed.
He and his wife of 25 years had a misunderstanding and he is
guilty of this charge.
In looking at his references, he hopes the Board agrees that he
has a good heart and that his positives outweigh his negatives.
The applicant's complete response is 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. 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, the Board is not inclined to consider granting clemency
based on the applicants 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-2010-00605 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 Forms 149, dated 8 Feb 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 30 Apr 10, w/atch.
Exhibit E. Letter, Applicant, dated 27 May 10.
Panel Chair
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