RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01588 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. He served his country honorably during his enlistment. 
During the last two years of his service, he was prejudiced by 
his first sergeant (1st Sgt). On several occasions, the 1st Sgt 
showed his dislike for his friendship with the squadron 
commander. After the squadron commander was reassigned, he 
transferred to the bomber and tanker alert to avoid any future 
problems but still had the same 1st Sgt. 

 

2. He made plans to get married; had his leave approved and a 
few days before it was to start, it was canceled by Sergeant T. 
He waited a short time and reapplied for leave, had it approved, 
only to have the 1st Sgt, cancel it again. This happened one 
more time. 

 

3. He had 14 days of accrued leave but did not realize there was 
a problem until 9 days into it. He returned on day 10 and was 
taken into custody for being absent without leave (AWOL). 

 

In support of his request the applicant provides a character 
reference letter. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 27 Aug 68, the applicant enlisted in the Regular Air Force. 

On 17 Dec 69, the applicant received a civilian traffic ticket 
for improper use of registration plates. 

 

On 13 Jan 70, the applicant received an Article 15 for 
disobeying a lawful order, in violation of Article 92, Uniform 
Code of Military Justice (UCMJ). His punishment consisted of a 
suspended reduction to the grade of airman, restriction to the 


limits of K.I. Sawyer Air Force Base (AFB) and extra duty for 
seven consecutive days. The portion of punishment which 
extended to reduction to the grade of airman was suspended until 
5 Jun 70, at which time it was to be remitted without further 
action unless sooner vacated. 

 

On 9 May 70, the applicant received a letter of indebtedness 
from Firestone Tire Sales and Service. 

 

On 18 Jun 70, the applicant received a Letter of Reprimand (LOR) 
for disobeying orders, being in an un-pressed uniform during an 
inspection, and maintaining a dirty room. 

 

On 22 Oct 70, the applicant received a LOR for failure to pay 
just debts and making a false statement. 

 

On 7 Dec 70, the applicant received a DD Form 1408, Armed Forces 
Traffic Ticket for parking in a prohibited area. 

 

On 11 Jan 71, the applicant received a letter of indebtedness 
from Busch’s Jewelry Company. 

 

On 14 Jan 71, the applicant received a letter of indebtedness 
from Hollywood Diamond Exchange. 

 

On 22 Feb 71, the applicant received a DD Form 1408, Armed 
Forces Traffic Ticket for parking in a prohibited area. 

 

On 22 Feb 71, the applicant received an Article 15 for being 
AWOL, in violation of Article 86, UCMJ. His punishment 
consisted of a suspended reduction to the grade of airman and 
confinement to the Correctional Facility at K. I. Sawyer AFB. 
The portion of punishment which extended to reduction to the 
grade of airman was suspended until 19 Aug 71, at which time it 
was to be remitted without further action unless sooner vacated. 

 

On 23 Mar 71, the applicant received a LOR for failure to 
repair. 

 

On 8 Apr 71, the applicant received a referral airman 
performance report (APR) for the period 1 Oct 70 through 
29 Mar 71. 

 

On 19 Apr 71, the applicant was notified of his commander’s 
intent to recommend he be discharged from the Air Force under 
the provisions of AFM 39-12, Separation for Unsuitability, 
Unfitness, Misconduct, Resignation, or Request for Discharge for 
the Good of the Service and Procedures for the Rehabilitation 
Program, Chapter 2, Section A, paragraph 2-4b. The specific 
reason for the proposed action was based on competent medical 
authorities diagnosing him with having an “immature personality 
with passive-aggressive components.” The applicant acknowledged 
receipt of the notification of discharge. 

 


On 22 Apr 71, the applicant was interviewed by an evaluation 
officer, advised of his right to rebuttal and to make a 
statement on his own behalf. The applicant waived his right to 
rebuttal and to submit a statement on his own behalf. 

 

On 23 Apr 71, the evaluation officer recommended the applicant 
be discharged with a general (under honorable conditions) 
discharge without probation and rehabilitation. 

 

On 28 Apr 71, the Staff Judge Advocate (SJA) concluded the case 
file was legally sufficient to support the separation and the 
type of discharge recommended. 

 

The discharge authority approved the applicant’s discharge under 
the provisions of AFM 39-12. On 30 Apr 71, the applicant was 
discharged from the Air Force with a general (under honorable 
conditions) discharge in the grade of airman first class. He 
served 2 years, 7 months and 24 days of total active service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigations (FBI) Clarksburg, WV, states they were unable to 
identify an arrest record on the basis of the information 
furnished (Exhibit C). 

 

_________________________________________________________________ 

 

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. After 
thoroughly reviewing the evidence of record, we find no evidence 
to indicate that his discharge from the Air Force was 
inappropriate, or that the actions taken to affect his discharge 
and the characterization of his service were improper, contrary 
to the provisions of the governing regulations in effect at the 
time, or based on factors other than his own behavior and 
inability to comply with standards. In addition, we find 
insufficient evidence to warrant a recommendation that the 
discharge be upgraded on the basis of clemency. 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 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-2011-01588 in Executive Session on 15 Nov 11, under 
the provisions of AFI 36-2603: 

 

 Panel Chair 

Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 26 Apr 11. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Investigation, dated 12 Oct 11. 

 

 

 

 

 

 Panel Chair