RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00926 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His under other than honorable conditions (UOTHC) discharge be 
upgraded to a general (under honorable conditions) discharge. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He made a serious judgment mistake due to poor impulse control 
and this resulted in his discharge. 

 

He will be forever ashamed of his actions; however, he has since 
learned to be more patient and is now a mature person. 

 

He has devoted the last 20 years of his life to teaching youth 
from inner city areas the principles and philosophy of taekwondo 
so they can make more mature and healthy decisions than he did 
in his youth. 

 

In support of his request, the applicant provides copies of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, NA Form 13041, Statement of Service, and letters of 
support. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

During the contested period, the applicant entered the Regular 
Air Force on 2 Apr 85. He had three previous enlistments with 
honorable discharges. 

 

On 5 Jun 89, the applicant was notified of pending discharge 
action. Specifically, the commander cited misconduct, conduct 
prejudicial to good order and discipline, as the basis for 
discharge. 

 

The applicant’s misconduct included an Article 15, Record of 
Nonjudicial Punishment, for failure to obey a lawful order; two 
Letters of Reprimand for being absent without authority from his 
unit and attempting to cover up a government motor vehicle 


accident and trying to conceal the damage by attempting to fix 
the vehicle; a civilian arrest for soliciting a male undercover 
policeman to commit an indecent sexual act for money; two 
instances of failure to report to his appointed place of duty 
without authority, and failure to remain on standby duty. 

 

The applicant consulted counsel, waived his rights to an 
administrative discharge board hearing, and submitted statements 
in his own behalf. He offered an unconditional waiver for the 
suspension of his discharge for a period of probation and 
rehabilitation. 

 

The staff judge advocate found the case legally sufficient and 
recommended discharge without probation and rehabilitation. On 
7 Jul 89, the discharge authority directed discharge. The 
applicant was discharged on 19 Jul 89 with a UOTHC discharge. 
He was credited with 12 years, 1 month, and 26 days of active 
service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigations (FBI) provided an investigative report which is 
at Exhibit C. On 10 Sep 10, a copy of the FBI report and a 
request for post-service information was forwarded to the 
applicant for review and response within 30 days (Exhibit D). 

 

In response to the Board’s request, he states the FBI report 
contains inaccurate information regarding his social security 
number, birth date, and arrest locations. He states he never 
lived in nor has he been to Florida and his birthplace was in 
Arkansas. 

 

He provides additional support letters and employment 
verification in his request for clemency. 

 

The applicant's complete response, with attachments, is at 
Exhibit E. 

 

Based on the applicant’s response to the Board’s request, a new 
FBI report was ordered; however, the report reflected the same 
information as the original FBI report (Exhibit F). 

 

_________________________________________________________________ 

 

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 an error or an injustice. We find 
no impropriety in the characterization of applicant's discharge. 


It appears that responsible officials applied appropriate 
standards in effecting the separation, and we do not find 
persuasive evidence which indicates pertinent regulations were 
violated or the applicant was not afforded all the rights to 
which he was entitled at the time of his discharge. Therefore, 
we conclude the discharge proceedings were proper and 
characterization of the discharge was appropriate to the 
existing circumstances. Further, although the applicant states 
he has been a productive member of society and has provided a 
letter of explanation regarding the charges referred to in the 
FBI report, the Board finds these statements insufficient to 
warrant an upgrade of his discharge on the basis of clemency. 
In view of the above and absent any evidence to the contrary, we 
find no basis to warrant favorable action on 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-2010-00926 in Executive Session on 26 October and 2 December 
2010, under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

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

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report, dated 14 Jul 10. 

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

 Exhibit E. Letter, Applicant, dated 30 Sep 10, w/atchs. 

 Exhibit F. FBI Report, dated 28 Oct 10. 

 

 

 

 

 

 Panel Chair