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AF | BCMR | CY2011 | BC-2011-01856
Original file (BC-2011-01856.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01856 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was young and was under stress due to his marital situation and 
requested to be discharged. 

 

The applicant’s complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 1 Nov 71, the applicant contracted his enlistment in the Regular 
Air Force. 

 

On 24 Apr 73, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for apathy and defective 
attitude. The specific reasons for the discharge action were that he 
received two Article 15s for being absent without leave. 

 

An evaluation officer was appointed to review his case. The 
evaluation officer conducted an interview with the applicant, reviewed 
the applicant’s records and comments by his commander, and advised him 
of his rights. The applicant acknowledged receipt of the notification 
for discharge and, after consulting with the evaluation officer, 
waived his right to submit statements in his own behalf. The 
evaluation officer recommended separation with a under honorable 
conditions (general) discharge without probation and rehabilitation. 

 

On 15 May 73, the discharge authority concurred with the findings and 
recommendations and directed a general discharge without probation and 
rehabilitation. 

 

The applicant was furnished a general (under honorable conditions) 
discharge on 21 May 73 and he was credited with 1 year, 6 months and 
12 days of active service. 

 


Pursuant to the Board’s request, the Federal Bureau of Investigation 
indicated that on the basis of the data furnished, they were unable to 
locate an arrest record (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. 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, unduly harsh, 
or disproportionate to the offenses committed. We considered 
upgrading the discharge based on clemency; however, in the absence of 
any evidence related to the applicant’s activities since leaving the 
service, we are not inclined to recommend granting the relief sought 
on that basis. However, should the applicant decide to submit 
documentation related to his post-service activities, we may be 
inclined to reconsider his case based on the submission of new 
relevant evidence. 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 the evidence presented did not demonstrate 
the existence of material error or injustice; the application was 
denied without a personal appearance; and 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-
2011-01856 in Executive Session on 19 Jan 12, under the provisions of 
AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 


 

The following documentary evidence pertaining was considered: 

 

 Exhibit A. DD Form 149, dated 11 May 11. 

 Exhibit B. Applicant's Master Military Personnel Records. 

 

 

 

 

 

 Panel Chair 

 

 



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