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AF | BCMR | CY2010 | BC-2010-04330
Original file (BC-2010-04330.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04330 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His character of service be upgraded from general (under 
honorable conditions) to honorable. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was discharged solely because he refused to reenlist. He 
received a separation code of “488” unsuitability. He did not 
receive any disciplinary actions or non-judicial punishment while 
he was in the military. He believes there is nothing in his 
records to support unsuitability for service, nor does it support 
any service characterization other than honorable. 

 

In support of his request, the applicant provides a cover letter 
and a copy of his DD Form 214, Armed Forces of the United States 
Report of Transfer or Discharge. 

 

His complete submission, with attachments, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted into the Regular Air Force on 6 Dec 55. 
The applicant was notified by his commander that he was 
recommending he be discharged from the Air Force under the 
provisions of AFR 39-17, para 4d. The specific reasons for this 
action were his showing no interest in his work, and for 
continually being late for duty and shirking his duties; for 
making little progress in his upgrade training and for failing a 
training course. The applicant elected to waive his right to an 
administrative discharge board hearing and waived his right to 
submit matters in his own behalf. The applicant was recommended 
for an undesirable discharge; however, on 1 Sep 59, he was 
discharged with a general (UHC). He served 3 years, 8 months, 
and 26 days on active duty. 

 

Pursuant to the Board's request, the Federal Bureau of 
Investigation, Clarksburg, West Virginia, was unable to identify 
an arrest record on the basis of information furnished. 


 

Attached at Exhibit C is a memorandum prepared by the Air Force 
Review Boards Agency Legal Advisor addressing the issue of 
characterization of service and how standards have changed since 
1959. 

 

_________________________________________________________________ 

 

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 his service 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 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 the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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 26 May 11, under the provisions of AFI 36-
2603: 

 

 , Panel Chair 


 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 9 Nov 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, SAF/MRB Legal Advisor, dated 17 Apr 07. 

 

 

 

 

 

 Panel Chair 

 

 

 



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