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AF | BCMR | CY2010 | BC-2010-02057
Original file (BC-2010-02057.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02057 

 INDEX CODE: 110.00 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

2. His narrative reason for separation be changed. 

 

3. His separation program designator (SPD) code of JKQ 
(Misconduct) be changed. 

 

4. His reenlistment (RE) code of 2B (Separated with a general or 
under other than honorable conditions (UOTHC) discharge) be 
changed to allow him to reenter military service. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was forced out of the military over an incident that was 
resolved by another authority. He unintentionally disposed of a 
package and withheld the information from his office until 
questioned by the Office of Special Investigation (OSI). 

 

He had no history of any disciplinary actions prior to this 
incident. He believes the disciplinary action was harsh since he 
was a young airman in training. 

 

His general discharge disqualifies him for federal employment. 
He wants his discharge upgraded to allow him to serve his country 
again. He would like to reenlist before he becomes ineligible 
due to age. 

 

In support of his appeal, applicant provides a copy of his DD 
Form 214, Certificate of Release or Discharge from Active Duty, 
two personal statements, and character and employment references. 

 

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

 

_________________________________________________________________ 

 


STATEMENT OF FACTS: 

 

On 15 Nov 91, the applicant contracted his enlistment in the 
Regular Air Force. He was progressively promoted to the grade of 
airman, having assumed the grade effective and with a date of 
rank of 15 May 93. He served as an Information Management 
Apprentice. 

 

On 28 Sep 93, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for misconduct 
(commission of a serious offense). The specific reasons for the 
discharge action were on 1 May 93, he was convicted by court-
martial for disposing of government property valued at $7,600.00; 
and destroying a public record. For this misconduct, his 
punishment consisted of hard labor without confinement and 
restriction to the base for 60 days. 

 

His commander advised him of his rights in this matter. 

 

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

 

The staff judge advocate reviewed the case and found it legally 
sufficient to support separation and recommended a general 
discharge without probation and rehabilitation. 

 

The discharge authority directed discharge with a general 
discharge without probation and rehabilitation. 

 

He was discharged on 19 Nov 93. He served two years and five 
days on active service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation indicated that on the basis of the data furnished, 
they were unable to locate an arrest record. 

 

The applicant in support of his application submitted a revised 
resume and personal statement (Exhibit C). 

 

_________________________________________________________________ 

 

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, narrative reason for 
separation and RE code 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. 

 

_________________________________________________________________ 

 

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-2010-02057 in Executive Session on 5 Oct and 7 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 24 May 10, w/atchs. 

 Exhibit B. Applicant's Master Military Personnel Records. 

 Exhibit C. Letter, Applicant, dated 19 Sep 10, w/atchs. 

 

 

 

 

 

 Panel Chair 



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