RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03212 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His discharge was just and he never considered an appeal to 
change his status. He recognizes his discharge could have been 
worse, but, believes his prior conduct and service should have 
been factored in when considering his discharge. He has raised 
a family and all are doing well, and he has had no trouble with 
the law. 

 

In support of his appeal, the applicant submits a personal 
statement and a copy of his DD Form 214, Report of Separation 
from Active Duty, issued in conjunction with his 20 Dec 76 
separation. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered active duty in the Regular Air Force on 
26 Jul 72 for a period of four years. 

 

The squadron commander initiated administrative discharge action 
against the applicant for misconduct, specifically, civil court 
conviction. The underlying basis for this action was a 
conviction of robbery by the Crown Court, in Gloucester, 
England, with a sentence of 18 months imprisonment, suspended 
for two years. 

 

After consulting with counsel and having been advised of his 
rights, the applicant exercised his right to a hearing before a 
board of officers. The board determined the applicant should be 
separated with a general (under honorable conditions) discharge, 
without Probation and Rehabilitation (P&R). The United States 


Air Forces in Europe (USAFE) deputy staff judge advocate 
concurred with recommendation of a general discharge, without 
P&R. The discharge authority approved the general (under 
honorable conditions) discharge, without P&R. 

 

The applicant was discharged under the provisions of AFR 39-12, 
on 20 Dec 76, by reason of misconduct – civil court conviction, 
with service characterized as under honorable conditions, 
general. He was credited with 4 years, 4 months, and 17 days of 
active duty service, including eight days of lost time, due to 
civil confinement. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation, Clarksburg, West Virginia, provided an 
investigative report, which is attached at Exhibit C. 

 

On 8 Oct 10, a copy of the FBI report was forwarded to the 
applicant for comment. At that time, he was also invited to 
provide additional evidence pertaining to his activities since 
leaving the service (Exhibit D). 

 

In his statement, the applicant explains the circumstances 
surrounding the incidents listed in the FBI report and his life 
since leaving the service. He has been a productive citizen, 
with many accomplishments, including raising a family, with five 
children; achieving a level of success with his employment with 
General Motors for over 28 years; pursuing academic degree 
programs and training; working with youth sports leagues, and an 
avid churchgoer. He apologizes for the mistakes he made and the 
embarrassment he caused his country and the USAF, and even 
though he has carried this burden for over 35 years, it has 
served as a learning experience and vows not to make similar 
mistakes while helping others make better choices. 

 

In support of his appeal, the applicant provides several letters 
of character reference from co-workers, administrators, and 
associates; and copies of numerous certificates of training and 
achievements. 

 

The applicant’s complete response, with attachments, is at 
Exhibit E. 

 

________________________________________________________________ 

 

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. The applicant 
provided a personal statement and letters of character 
references in support of his appeal to have his discharge 
upgraded based on clemency; however, while we commend the 
applicant on his many accomplishments, when considering his 
overall record of service, the seriousness of the offenses which 
led to his administrative separation, and the FBI Report of 
Investigation, we are not persuaded that an upgrade of the 
characterization of his discharge is warranted at this time. 
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-2010-03212 in Executive Session on 7 June 2011, under 
the provisions of AFI 36-2603: 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-03212 was considered: 

 

 Exhibit A. DD Form 149, dated 26 Aug 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report of Investigation. 

 Exhibit D. Letter, AFBCMR, dated 8 Oct 10, w/atchs. 

 Exhibit E. Letter, Applicant, dated 28 Oct 10, w/atchs. 

 

 

 

 

 Panel Chair