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AF | BCMR | CY2010 | BC-2010-01787
Original file (BC-2010-01787.txt) Auto-classification: Denied
 

 RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01787 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

The record as stated is true and the facts correct. The 
misconduct and attitude he displayed causing his discharge were 
that of a young and naïve individual and he regrets those events 
to this day. 

 

In support of his appeal, the applicant provides a personal 
statement; a copy of his separation order and DD Form 214, Certificate of Release or Discharge from Active Duty, issued in 
conjunction with his 28 Jul 87 separation, and a biographical 
sketch of his life’s accomplishments. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Prior to the events under review, the applicant had 4 years, 
5 months, and 22 days of active duty service. He reenlisted on 
26 Feb 86. 

 

The squadron commander initiated administrative discharge action 
against the applicant, on 9 Jul 87, for a pattern of misconduct. 
The specific reasons for the proposed action were: 

 

 a. He received a Letter of Reprimand (LOR) for running a 
red light on 18 Jan 87, noting that his driver’s license was 
suspended by the State of Florida on four different occasions. 

 


 b. The support group commander directed him not to operate 
a vehicle on base for a period of one year, because he drove his 
car on base while his license was suspended. 

 

 c. The support group commander directed him not to operate 
a vehicle on base for a period of two years, because he drove 
his car on base while his license was suspended. 

 

 d. He received an LOR for resisting apprehension, 
suspicion of driving under the influence, and driving with a 
suspended license. 

 

 e. He received an Article 15 for resisting apprehension on 
or about 14 Mar 87. 

 

 f. He received an LOR for failure to go to his place of 
duty. 

 

 g. The support group commander revoked his driving 
privileges on base until 4 Mar 93. 

 

 h. He tested positive on 17 Apr 87 for cocaine use. 

 

On that same date, after consulting with counsel and having been 
advised of his rights, he waived his right to submit statements 
in his own behalf. On 24 Jul 87, the discharge authority 
approved the under honorable conditions, general discharge 
without probation and rehabilitation. 

 

The applicant was discharged on 28 Jul 87 under the provisions 
of AFR 39-10, by reason of misconduct – pattern of discreditable 
involvement with military or civil authorities, with service 
characterized as general (under honorable conditions). He was 
credited with one year, five months, and nine days of active 
duty service during this period. 

 

________________________________________________________________ 

 

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 during the discharge process. 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 also find 
insufficient evidence to warrant a recommendation that the 
discharge be upgraded on the basis of clemency. Should the 
applicant provide statements from community leaders and 
acquaintances attesting to his good character and reputation and 
other evidence of successful post-service rehabilitation, this 
Board may be inclined to reconsider this case based on the new 
evidence. We cannot, however, recommend approval based on the 
current evidence of record. 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 material 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-2010-01787 in Executive Session on 6 January 2011, 
under the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

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

 Exhibit B. Applicant's Master Personnel Records. 

 

 

 

 

 Vice Chair 



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