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Decision Text

AF | BCMR | CY2011 | BC-2011-02409
Original file (BC-2011-02409.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02409 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The discharge he received is not a reflection of his long 
service (almost 15 years). 

 

The character of service listed on his DD 214, Certificate of 
Release or Discharge from Active Duty, is unfair because he was 
tarnished by an incident towards the end of his career. 

 

He was given an option of staying in the Air Force, and possibly 
getting an honorable discharge later, but chose to leave because 
he felt he was being treated unfairly. 

 

In support of his request, the applicant provides copies of his 
DD Form 214, numerous letters of recommendation, and a Veterans 
Affairs Form Letter. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 21 Jun 78, the applicant enlisted in the Regular Air Force. 

 

On 25 Nov 92, his commander notified him he was recommending his 
separation from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airmen, for a pattern of misconduct 
consisting solely of minor disciplinary infractions. The 
specific reasons for this action were on 15 Sep 90, he operated 
a passenger vehicle while drunk, for which he received an 
Article 15 and on 2 Nov 92, he again operated a passenger 
vehicle while drunk and disobeyed a lawful order. He was 
reduced to the grade of staff sergeant and a Unfavorable 
Information File (UIF) was established. On 25 Nov 92, the 
applicant acknowledged receipt of the notification of discharge. 

 


On 19 Apr 93, the Staff Judge Advocate found the discharge 
legally sufficient. 

 

On 23 Apr 93, the applicant was discharged from the Air Force 
with a general (under honorable conditions) discharge in the 
grade airman basic (AB). He served 14 years, 10 months and 
3 days of total active service. 

 

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

 

On 25 Jan 12, a copy of the FBI report and a request for post-
service information was forwarded to the applicant for review 
and comment within 30 days (Exhibit D), as of this date, no 
response has been received by this office. 

 

________________________________________________________________ 

 

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 the evidence presented is sufficient 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 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 documentary evidence was considered in AFBCMR BC-
2011-02409: 

 

 , Panel Chair 

, Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 16 Jun 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report, dated 2 Aug 11. 

 Exhibit D. Letter, AFBCMR, dated 26 Jan 12. 

 

 

 

 

 

 Panel Chair 

 

 



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