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 Boards 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 applicants 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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