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AF | BCMR | CY2010 | BC-2010-00839
Original file (BC-2010-00839.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00839 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He requested separation to pursue completion of his academic 
career. The reason for separation of “misconduct” was contrived. 
He had a pretty excellent record until he was stuck in a 
warehouse all day stocking shelves. 

 

In support of his appeal, the applicant provides copies of his DD 
Form 214, letters of commendation, a letter of recognition, and 
an honor graduate recognition letter. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who 
served as an Apprentice Inventory Management Specialist and was 
promoted to the grade of airman first class (E-3) effective 
14 March 1986. He received eight Letters of Counseling (LOCs), 
one Letter of Reprimand (LOR), and an Article 15 punishment 
between 15 July 1986 and 14 December 1987. 

 

On 22 December 1987, the applicant was notified of his 
commander’s intent to recommend him for a general discharge for 
minor disciplinary infractions. The applicant acknowledged 
receipt of his commander’s intent and waived his right to submit 
a statement in his own behalf. On 28 December 1987, the Acting 
Staff Judge Advocate found the case to be legally sufficient. On 
7 January 1988, the discharge authority approved the recommended 
discharge and directed the applicant be discharged with a general 
(under honorable conditions) discharge without probation and 
rehabilitation. 

 

On 21 January 1988, the applicant was discharged from active duty 
with a general (under honorable conditions) discharge, and a 


narrative reason for separation of “Misconduct-Pattern of Minor 
Disciplinary Infractions.” He served one year, ten months and 
eight days on active duty. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI), Clarksburg, WV, provided a copy of an 
Investigation Report (Exhibit C). On 29 April 2010, the 
applicant was given an opportunity to submit comments about his 
post service activities and the FBI Report (Exhibit D). As of 
this date, this office has received no 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 find no evidence of an error or injustice 
that occurred in the discharge processing. Based on the evidence 
of record, it appears the discharge was consistent with the 
substantive requirements of the discharge regulation and within 
the commander's discretionary authority. The applicant has 
provided no evidence which would lead us to believe the 
characterization of the service was contrary to the provisions of 
the governing regulation, unduly harsh, or disproportionate to 
the offenses committed. In view of the foregoing and in the 
absence of evidence by the applicant attesting to a successful 
post-service adjustment in the years since his separation, we are 
not inclined to extend clemency in this case. Therefore, in the 
absence of evidence to the contrary, we find no basis upon which 
to recommend favorable action on this application. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved. 
Therefore, the request for a hearing is not favorably considered. 

 

________________________________________________________________ 

 

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 AFBCMR Docket 
Number BC-2010-00839 in Executive Session on 2 November 2010, 
under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2010-00839: 

 

Exhibit A. DD Form 149, dated 26 Feb 10, w/atchs. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. FBI Report. 

Exhibit D. Letter, SAF/MRBR, dated 29 Apr 10, w/atchs. 

 

 

 

 Panel Chair 



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