Search Decisions

Decision Text

AF | BCMR | CY2010 | BC-2010-02169
Original file (BC-2010-02169.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02169 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The applicant makes no contentions. 

 

In support of his request, the applicant provides copies of his 
DD Form 293, Application for the Review of Discharge from the 
Armed Forces of the United States; and a letter from SAF/MRBR. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 12 April 1989, the applicant enlisted in the Regular Air 
Force. 

 

On 23 May 1991, the applicant was notified by his commander that 
he was recommending he be discharged from the Air Force under the 
provisions of AFR 39-10, Administration Separation of Airmen, for 
unsatisfactory performance. The specific reasons for this action 
were: 1) He received two Letters of Reprimand for driving under 
the influence and assault on his wife; 2) He received an Article 
15 for having an unescorted guest after visiting hours. 

 

The applicant acknowledged receipt of the notification of 
discharge, received advice from a military defense attorney and 
submitted a statement on his behalf. On 31 May 1991, the staff 
judge advocate reviewed the entire case file, found no 
irregularities and determined the case was legally sufficient for 
the applicant to be discharged. 

 

On 4 June 1991, the discharge authority directed the applicant be 
discharged and furnished a general (under honorable conditions) 
discharge certificate. 

 


On 5 June 1991, the applicant was discharged with a general 
discharge after completing a period of 2 years, 1 month and 
24 days total active service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an Investigative Report, 
which is at Exhibit C. On 19 January 2011, a copy of the FBI 
report and a request for post-service were forwarded to the 
applicant for review and comment within 30 days, as of this date, 
no response has been received by this office (Exhibit D). 

 

_________________________________________________________________ 

 

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. The discharge 
appears to be in compliance with the governing directives and we 
find no evidence to indicate that his separation from the Air 
Force was inappropriate. We find no evidence of error in this 
case and after thoroughly reviewing the documentation that has 
been submitted in support of the applicant's appeal, we do not 
believe he has suffered from an injustice. In addition, based on 
his overall record of service and no documentation related to his 
post-service activities and accomplishments, we are not persuaded 
that an upgrade of the characterization of his discharge on the 
basis of clemency is warranted. 

 

_________________________________________________________________ 

 

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-2010-02169 in Executive Session on 21 April 2011, under the 
provisions of AFI 36-2603: 

 

Panel Chair 

Member 

Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 14 Jun 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report, dated 17 Dec 10. 

 Exhibit D. Letter, AFBCMR, dated 19 Jan 11, w/atchs. 

 

 

 

 

 

 Panel Chair 

 

 



Similar Decisions

  • AF | BCMR | CY2010 | BC 2010 02721

    Original file (BC 2010 02721.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02721 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to honorable. On 8 August 1991, the applicant submitted an application to the Air Force Discharge Review Board (AFDRB) requesting a change in his discharge. ...

  • AF | BCMR | CY2011 | BC-2011-00503

    Original file (BC-2011-00503.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00503 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who entered active duty on 15...

  • AF | BCMR | CY2010 | BC 2010 02796

    Original file (BC 2010 02796.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02796 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded. ________________________________________________________________ THE BOARD DETERMINED THAT: The applicant be notified that the evidence presented did not demonstrate the existence of...

  • AF | BCMR | CY2010 | BC-2010-04272

    Original file (BC-2010-04272.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04272 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to a general discharge. We also find no evidence which indicates the applicant’s service characterization, which had its basis in his conviction by general court-martial and was a part of the sentence of...

  • AF | BCMR | CY2010 | BC-2010-02540

    Original file (BC-2010-02540.txt) Auto-classification: Denied

    On 27 June 1979, the discharge authority determined that a general discharge was appropriate in light of the applicant’s overall military record. On 29 June 1979, the applicant was discharged with a general discharge after completing a period of 2 years, 8 months and 18 days of total active service. ________________________________________________________________ THE BOARD DETERMINED THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material...

  • AF | BCMR | CY2010 | BC-2010-04282

    Original file (BC-2010-04282.txt) Auto-classification: Denied

    On 5 March 1970, the applicant was discharged with a general (under honorable conditions) discharge after completing a period of 1 year, 4 months and 13 days total active service. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD DETERMINED THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was...

  • AF | BCMR | CY1990 | BC 1990 02737 2

    Original file (BC 1990 02737 2.txt) Auto-classification: Denied

    On 20 August 2009, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days (Exhibit L). _________________________________________________________________ THE BOARD CONCLUDES THAT: In earlier findings, the Board determined that there was insufficient evidence to warrant correcting the records to upgrade the applicant’s discharge. _________________________________________________________________ The following members of the Board considered this...

  • AF | BCMR | CY2010 | BC-2010-03029

    Original file (BC-2010-03029.txt) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who entered active duty on 23 March 1982 in the grade of airman (E- 2). On 19 April 1983, the applicant was discharged from active duty with a general (under honorable conditions) discharge. Furthermore, we do not find clemency is appropriate in this case since the applicant has not provided any evidence concerning his post-service activities.

  • AF | BCMR | CY2010 | BC-2010-01967

    Original file (BC-2010-01967.txt) Auto-classification: Denied

    We note the documentation submitted in support of his post service activities; however, we do not find it sufficient to support changing his characterization of discharge. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01967 in Executive Session on 10 February 2011, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in...

  • AF | BCMR | CY2010 | BC-2010-01894

    Original file (BC-2010-01894.txt) Auto-classification: Denied

    On 31 January 1983, the applicant was discharged with a general discharge after completing a period of 3 years, 8 months and 17 days total active service. As of this date, no response has been received by this office (Exhibit D). The applicant reviewed the FBI investigation and states he received a DUI after his discharge from the military.