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Decision Text

AF | BCMR | CY2010 | BC-2010-00605
Original file (BC-2010-00605.txt) Auto-classification: Denied
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 Board’s 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 applicant’s 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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