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AF | BCMR | CY2010 | BC-2010-01300
Original file (BC-2010-01300.txt) Auto-classification: Denied
 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01300 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He desires his discharge upgraded. 

 

In support of his request, the applicant provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty. 

 

The applicantÂ’s complete submission, with attachment, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 19 November 
1985. 

 

On 17 July 1987, the applicant was notified by his commander of 
his intent to recommend that he be discharged from the Air Force 
under the provisions of AFR 39-10, paragraph 5-47b. The specific 
reasons are as follows: 

 

 a. On or about 1 November 1986, the applicant was derelict 
in the performance of his duties in that he negligently failed to 
comply with an order revoking his base driving privileges. For 
this incident, he received nonjudicial punishment under Article 
15. His punishment consisted of a reduction in grade, 7 days 
correctional custody, and a forfeiture of $100.00 pay. 

 

 

 

 

 

 b. On or about 28 March 1987, the applicant failed to 
deregister his vehicle while under revocation. For this 


incident, he received nonjudicial punishment under Article 15. 
His punishment consisted of a forfeiture of $50.00 pay. 

 

 c. On or about 19 February 1987, the applicant damaged 
government property (a wall). For this incident, he received a 
Letter of Reprimand (LOR). 

 

He was advised of his rights in this matter and acknowledged 
receipt of the notification on that same date. After consulting 
with counsel, the applicant elected to submit a statement in his 
own behalf. 

 

In a legal review of the case file, the staff judge advocate 
found the case legally sufficient and recommended discharge. On 
28 July 1987, the discharge authority concurred with the 
recommendations and directed a general discharge. The applicant 
was discharged on 5 August 1987. He served 1 year, 11 months and 
15 days on active duty. 

 

Pursuant to the Board's request, the Federal Bureau of 
Investigation (FBI), Clarksburg, West Virginia, provided an 
arrest record which is at Exhibit C. 

 

On 3 June 2010, a request for post-service information was 
forwarded to the applicant for response within 30 days (Exhibit 
D). As of this date, no response has been received by this 
office. 

 

On 4 June 2010, a copy of the FBI Report of Investigation was 
forwarded to the applicant for review and response within 30 days 
(Exhibit E). 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 
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. Therefore, in the 
absence of evidence to the contrary, we find no basis upon which 
to recommend granting the relief sought. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of an error or injustice; the 
application was denied without a personal appearance; and 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-2010-01300 in Executive Session on 2 November 2010, 
under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-01300 was considered: 

 

 Exhibit A. DD Form 149, dated 27 March 2010, w/atchs. 

 Exhibit B. Applicant's Master Personnel Record. 

 Exhibit C. Federal Bureau of Investigation Report. 

 Exhibit D. Letter, AFBCMR, dated 3 June 2010. 

 Exhibit E. Letter, AFBCMR, dated 4 June 2010. 

 

 

 

 

 

 

 Panel Chair 

 

 



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