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AF | BCMR | CY2010 | BC-2010-00865
Original file (BC-2010-00865.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00865 

 COUNSEL: NONE 

 HEARING DESIRED: NOT INDICATED 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He would like his discharge upgraded to be able to be buried in a 
military veterans cemetery next to his father. 

 

Applicant's complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 25 Feb 82, the applicant contracted his enlistment in the 
Regular Air Force. He was promoted to the grade of senior airman 
with date of rank of 1 Aug 84. 

 

On 3 Oct 84, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for minor 
disciplinary infractions. The specific reasons for the discharge 
action were: 

 

a. On 22 Dec 82, the applicant received counseling for 
reporting late for duty. 

 

b. On 7 Jan 83, the applicant received a Letter of 
Reprimand (LOR) for driving while intoxicated. 

 

 c. On 23 Nov 83, the applicant received counseling on 
improving his driving techniques. 

 

 d. On 19 Dec 83, he was counseled for addressing a fellow 
airman in a derogatory manner. 

 

 e. On 9 Feb 84, he received an LOR for making a derogatory 
remark in reference to another military member. 

 

f. On 23 May 84, he received an LOR for sleeping on duty. 

 


 g. On 20 Sep 82, he received an LOR for abusing his spouse 
and damaging his rental quarters. 

 

The applicant acknowledged receipt of the notification letter 
and, after consulting with legal counsel waived his right to 
submit a statement in his own behalf. 

 

His commander advised him of his rights in this matter. On 
5 Oct 84, a legal review was conducted and the staff judge 
advocate found the case legally sufficient to support separation 
and recommended a general discharge without probation and 
rehabilitation. 

 

The applicant was discharged on 12 Oct 84. He served 2 years, 
7 months and 18 days of active service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an Investigative Report, 
which is at Exhibit C. 

 

On 14 Sep 10, a copy of the investigative report was forwarded to 
the applicant for his review and comment within 30 days, along 
with a request for documentation regarding his activities since 
leaving military service (Exhibit D). As of this date, no 
response has been received by this office. 

 

_________________________________________________________________ 

 

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 
available 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. We considered 
upgrading the discharge based on clemency; however, we do not 
find the evidence presented is sufficient to compel us to 
recommend granting the relief sought on that basis. Therefore, 
in the absence of evidence to the contrary, we find no basis upon 


which 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 AFBCMR Docket 
Number BC-2010-00865 in Executive Session on 14 Oct 10, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 27 Feb 10. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFBCMR, dated 14 Sep 10, w/atch. 

 

 

 

 

 

 Panel Chair 



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