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AF | BCMR | CY2010 | BC-2010-02084
Original file (BC-2010-02084.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02084 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His character of discharge be changed from general (under 
honorable conditions) to honorable. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His discharge is preventing him from obtaining gainful 
employment. 

 

In support of his request, the applicant provides a copy of DD 
Form 293, Application for the Review of Discharge from the Armed 
Forces of the United States. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 1 February 1979, the applicant enlisted in the Regular Air 
Force. 

 

On 14 March 1979, he was notified by his commander that he was 
recommending his discharge from the Air Force for erroneous 
enlistment. The specific reason for this action was he withheld 
knowledge of prior military service in the U.S. Navy, for which 
he received a general discharge on 5 July 1978. On 14 March 
1979, the applicant acknowledged receipt of the discharge 
notification. 

 

On 19 March 1979, the judge advocate’s office reviewed the case 
and determined it was legally sufficient and recommended a 
general discharge certificate be furnished. 

 

On 20 March 1979, the discharge authority approved a general 
(under honorable conditions) discharge for erroneous enlistment. 

 

 


On 23 March 1979, the applicant was discharged in the grade of 
airman basic with service characterized as general (under 
honorable conditions). He served 1 month and 23 days on active 
duty. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSOS recommends denial. DPSOS states based on the 
documentation filed in his master personnel records, the 
discharge, to include the characterization of service, was 
consistent with the procedural and substantive requirements of 
the discharge regulation and within the discretion of the 
discharge authority. The applicant had less than 180 days active 
service this period and did not receive an entry level separation 
because the special court-martial authority approved a general 
discharge. DPSOS states the applicant was previously discharged 
from the U.S. Navy on 5 July 1978 after serving one year and nine 
days of active service. The applicant’s record also shows the 
applicant was charged with lost time. DPSOS found no evidence of 
an error or injustice during the discharge processing. 

 

The complete DPSOS evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 7 January 2011 for review and comment within 30 days. As of 
this date, there has been no response received by this office 
(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 an error or an injustice. We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinion and the 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion the 
applicant has failed to sustain his burden of proof of the 
existence of an error or injustice. Therefore, in the absence of 


evidence to the contrary, we find no basis 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 an 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 this application in 
Executive Session on 3 February 2011, under the provisions of AFI 
36-2603: 

 

Panel Chair 

Member 

Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 10 Jun 10, w/atch. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOR, dated 5 Nov 10. 

 Exhibit E. Letter, SAF/MRBR, dated 7 Jan 11. 

 

 

 

 

 

 Panel Chair 

 

 

 

 

 

 

 

 

 

 


 

 



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