RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00134
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His under honorable conditions (general) discharge be upgraded to
honorable.
2. His reentry (RE) code of 2B (Separated with a general or under other
than honorable conditions (UOTHC) discharge) be changed to allow him to
reenter military service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes the record is unjust because there is nothing derogatory in his
records to warrant the poor discharge and RE code he received.
The evidence submitted in support of the appeal is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s DD Form 214, Certificate of Release or Discharge from
Active Duty, reflects the applicant served on active duty from 16 May 88
through 31 Aug 89, and received a general discharge for misconduct –
pattern of minor disciplinary infractions.
Pursuant to the Board’s request, the FBI provided a copy of an
Investigative Report pertaining to the applicant (Exhibit C). On 24 Mar
11, the applicant was provided a copy of the Investigative Report, along
with a request for documentation concerning his activities since leaving
military service (Exhibit D). In response for post-service documentation,
the applicant provided a statement and four character references (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. Based upon the presumption of regularity
in the conduct of governmental affairs and without evidence to the
contrary, we must assume the applicant's discharge was proper and in
compliance with appropriate directives. Therefore, based on the available
evidence of record, we find no basis upon which to favorably consider this
application.
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 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-2011-
00134 in Executive Session on 23 Jun 11, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Dec 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 24 Mar 11, w/atchs.
Exhibit E. Letter, Applicant, undated, w/atchs.
Panel Chair
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