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AF | BCMR | CY2010 | BC-2010-04576
Original file (BC-2010-04576.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04576 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was unaware that he could request his discharge be upgraded to 
honorable. His discharge was for minor infractions. He would 
like his discharge to be upgraded in order to have better 
employment opportunities. 

 

In support of his request, the applicant provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, a copy of his Certificate of Training, and copies of AF 
Form 623a, On-the-Job Training Record Continuation Sheet. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted into the Regular Air Force on 29 Sep 87. 
The applicant was notified by his commander that he was 
recommending him for discharge from the Air Force under the 
provisions of AFR 39-10, paragraph 5-46. The specific reasons 
for this action was for failing to go on several occasions to his 
appointed place of duty; for reporting for duty partially shaven, 
for speeding, and for writing checks when he did not have 
sufficient funds. The applicant received an Article 15 and was 
placed on the Control Roster, and received Letters of Reprimand 
(LOR) and Letters of Counseling (LOC). He was reduced in rank 
from airman first class to airman. The applicant received a 
general discharge on 21 Feb 90 after serving 2 years, 4 months 
and 23 days on active duty. 

 

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 1 Jun 11, a copy of the FBI report was 
forwarded to the applicant for review and comment within 30 days. 
As of this date, no response has been received by this office. 


 

On 1 Jun 11, a request for information pertaining to his post-
service activities was forwarded to the applicant for response 
within 30 days. As of this date, no response has been received 
by this office. 

 

_________________________________________________________________ 

 

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 probable error or injustice. After 
careful consideration of the available evidence, we found no 
indication the actions taken to effect his discharge were 
improper or contrary to the provisions of the governing 
regulations in effect at the time, or the actions taken against 
the applicant were based on factors other than his own 
misconduct. In addition, in view of the contents of the FBI 
Identification Record we are not persuaded that the 
characterization of the applicant’s discharge warrants an upgrade 
to honorable on the basis of clemency. Having found no error or 
injustice with regard to the actions that occurred while the 
applicant was a military member, we conclude that no basis exists 
to grant favorable action on his request. 

 

_________________________________________________________________ 

 

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-2010-04576 in Executive Session on 7 Jul 11, under the 
provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

The following documentary evidence for Docket Number BC-2010-
04576 was considered: 


 

 Exhibit A. DD Form 149, dated 30 Nov 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFBCMR, dated 1 Jun 11, w/atchs. 

 

 

 

 

 

 Panel Chair 

 



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