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AF | BCMR | CY2011 | BC-2011-00510
Original file (BC-2011-00510.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00510 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The mishandling of his enlistment, by his recruiter, ultimately 
resulted in his general discharge. 

 

The applicant does not provide any evidence in support of his 
appeal. 

 

The applicant's complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force effective 
19 October 1979 in the grade of airman basic. He served as a 
Medical Services Specialist and was progressively promoted to the 
grade of airman first class (E-3) with a date of rank of 
19 October 1980. 

 

Information was later discovered that the applicant had concealed 
his prior military service in the Regular Army from 12 June 1972 
to 17 May 1974. In addition, he concealed the fact he had been 
treated for alcoholism and had attended Alcoholics Anonymous 
meetings for treatment of his serious drinking problem. It was 
determined, that the applicant’s previous character of service 
would have preempted any consideration for a waiver for 
enlistment into the Air Force. 

 

On 24 August 1981, the applicant was notified of his commander’s 
intent to recommend him for an Under Other Than Honorable 
Conditions (UOTHC) discharge for fraudulent enlistment. 

 

On 20 August 1981, the applicant offered a conditional waiver of 
his rights associated with an administrative discharge board 
hearing, contingent upon his receipt of a general (under 
honorable conditions) discharge. On 28 August 1981, the Deputy 
Staff Judge Advocate found the case to be legally sufficient and 


recommended the commander accept the applicant’s conditional 
waiver. On 3 September 1981, the discharge authority approved 
the applicant’s conditional waiver and directed he be discharged 
with a general (under honorable conditions) discharge without 
probation or rehabilitation. 

 

On 11 September 1981, the applicant was discharged with a general 
(under honorable conditions) discharge for misconduct-fraudulent 
enlistment. He served 1 year, 10 months, and 23 days on active 
duty in the Regular Air Force. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI), Clarksburg, WV, provided a copy of an 
Investigation Report (Exhibit C). 

 

On 21 March 2011, the applicant was given an opportunity to 
submit comments about his post service activities and in response 
to the FBI Report (Exhibit D). 

 

The applicant responded by letter, with comments about his 
accomplishments since his discharge. 

 

The applicant’s complete submission 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 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 the service was contrary to the 
provisions of the governing regulation. Furthermore, we do not 
find clemency is appropriate in this case in light of the 
contents of the FBI report and since the applicant has not 
provided any evidence concerning his post-service activities. 
Based on the foregoing, we find no basis to recommend granting 
the relief sought in this application. 

 

________________________________________________________________ 

 


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 Docket Number BC-
2011-00510 in Executive Session on 20 October 2011, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2011-00510: 

 

Exhibit A. DD Form 149, dated 10 Feb 11. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. FBI Report. 

Exhibit D. Letter, AFBCMR, dated 21 Mar 11, w/atch. 

Exhibit E. Letter, Applicant, not dated. 

 

 

 

 

 

 Panel Chair 

 



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