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AF | BCMR | CY2011 | BC-2011-02281
Original file (BC-2011-02281.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02281 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was young and immature and did not appreciate the serious 
effect his general discharge would have on him in his elder 
years. 

 

He was under the influence of drugs when he was charged with 
burglarizing a pharmacy. 

 

He believes he is entitled to an honorable discharge due to his 
total service record. 

 

The applicant's complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 18 Feb 75, the applicant entered active duty in the Regular 
Air Force and was progressively promoted to the grade of airman. 

 

Available records indicate on 1 Nov 75, the applicant was 
arrested for burglarizing a pharmacy and was held in a civilian 
jail. On 26 Nov 75, he was released from confinement. 

 

On 7 Apr 76, he was discharged in the grade of airman, under the 
provisions of AFM 39-12, Separation for Unsuitability, Unfitness 
or Misconduct; Resignation or Request for Discharge for the Good 
of the Service; and Procedures for the Rehabilitation Program, by 
reason of misconduct – civil court disposition. He served on 
active duty for 1 year and 25 days. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an Investigative Report, 
which is attached at Exhibit C. 

 


On 11 Aug 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 (Exhibit D). 

 

_________________________________________________________________ 

 

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, we do not 
find sufficient evidence to compel us to recommend granting the 
relief sought on that basis. 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 Docket Number 
BC-2011-02281 in Executive Session on 13 Sep 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 


 

The following documentary evidence pertaining to Docket Number 
BC-2011-02281 was considered: 

 

 Exhibit A. DD Form 149, dated 15 Jun 11. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report of Investigation, dated 2 Aug 11. 

 Exhibit D. Letter, SAF/MRBR, dated 11 Aug 11. 

 

 

 

 

 Panel Chair 

 



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