RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02170
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
It is his understanding that the discharge can be changed. He
does not believe his discharge is unjust; however, it is
stopping him from applying for higher job positions.
In support of his request, the applicant provides character
reference letters.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 20 February 1990, the applicant enlisted in the Regular Air
Force.
On 5 January 1993, he was notified by his commander that he was
recommending his discharge from the Air Force for misconduct.
The specific reasons for this action were he received two
Article 15 actions for unlawfully striking an airman in the face
with a closed fist and wrongfully solicited a person to provide
a false official statement to investigators. The applicant
acknowledged receipt of the discharge notification and submitted
a statement in his own behalf.
On 21 January 1993, the judge advocates office reviewed the
case and determined it was legally sufficient and recommended a
general discharge certificate be furnished.
The discharge authority approved a general discharge for
misconduct.
On 2 February 1993, the applicant was discharged in the grade of
airman first class with a general under honorable conditions
service characterization. He served three years on active duty.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C.
On 4 August 2010, a request for information pertaining to his
post-service activities was forwarded to the applicant for
response within 30 days.
In response, the applicant states his military performance was
excellent. However, when he was younger, he made mistakes and he
takes full responsibility for his actions.
In regards to the DUI in 2001, the case was dropped to a
reckless driving charge. The officer who detained him that night
made very positive comments to the judge and prosecutor on his
behalf. Since that night he has grown up and quit drinking 100
percent.
While he received the correct discharge for his actions, he is
requesting that the Board upgrade his discharge to allow him to
evolve professionally in higher job positions. He has changed
his life completely by being a devoted follower of Christ, a
husband, father, and professional. Any assistance by the Board
to close the childish chapter of his life would be greatly
appreciated.
The applicants complete response, is at Exhibit
________________________________________________________________
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, based on the contents of the FBI report and
the limited 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. In regards to the applicants request to correct his
date of birth on the FBI report, this request is not under the
preview of this Board. Therefore, in the absence of evidence to
the contrary, we find no basis to favorably grant this request.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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 BC-2010-02170 in
Executive Session on 8 September 2010, under the provisions of
AFI 36-2603:
Vice Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Jun 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 14 Jul 10.
Exhibit D. Letter, AFBCMR, dated 4 Aug 10, w/atch.
Exhibit E. Applicants Response, undated.
Vice Chair
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