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AF | BCMR | CY2011 | BC-2011-02510
Original file (BC-2011-02510.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02510 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He received an Article 15 for underage drinking. 

 

In support of his request, the applicant provides a copy of his 
DD Form 2697, Report of Medical Assessment, and a copy of AF Form 
356, Findings and Recommended Disposition of USAF Physical 
Evaluation Board. 

 

His complete submission, with attachments, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted into the Regular Air Force on 12 May 09. 
His commander recommended him for discharge under the provisions 
of AFPD 36-32 and AFI 36-3208, paragraph 5-49 for failing to 
refrain from consuming alcoholic beverages while under the legal 
drinking age of 21, departing his appointed place of duty without 
authority, failing to wear the appropriate uniform while in phase 
1, and for being arrested for speeding and careless and reckless 
endangerment. He received Article 15s and a Letter of Reprimand 
for these actions. After a legal review of the case file, the 
staff judge advocate approved the findings of the discharge 
board. The applicant’s commander approved the recommendation of 
the discharge board on 7 Oct 10. 

 

On 7 Mar 11, a Dual Action review was conducted by the Secretary 
of the Air Force Personnel Council (SAFPC). SAFPC reviewed the 
applicant’s discharge for Minor Disciplinary Infractions as well 
as his Disability Evaluation System case IAW the governing 
regulations. After reviewing all available facts and evidence, 
SAFPC determined there was no causal relationship between the 
member’s medical condition and his misconduct, and there were 


insufficient mitigating factors to disregard the disciplinary 
action. Therefore, SAFPC determined that execution of the 
previously approved AFI 36-3208 action was appropriate. The 
applicant received a general discharge on 16 Mar 11 after serving 
1 year, 10 months, and 5 days on active duty. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSOS recommends denial. Based on the applicant’s overall 
performance, the discharge authority approved a general 
discharge. According to the governing AFIs, a general discharge 
is appropriate when the “significant negative aspects of the 
airman’s conduct or performance of duty outweighs positive 
aspects of the airman’s military record.” In this case, the 
applicant’s misconduct clearly outweighed the positive aspects of 
his service. DPSOS states the applicant demonstrated a lack of 
respect for authority and a total disregard for policies and 
procedures throughout his active duty tour. The applicant does 
not provide any evidence of an error or injustice that occurred 
in the discharge processing. The discharge was consistent with 
procedural and substantive requirements of the discharge 
instruction, and was within the discharge authority’s discretion. 

 

The DPSOS complete evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 28 Oct 11 for review and comment within 30 days. As of this 
date, this office has received no response. 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application was timely filed. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of probable error or injustice. After 
careful consideration of the available evidence, we found no 
indication the actions taken to effect his discharge were 
improper or contrary to the provisions of the governing 
regulations in effect at the time, or the actions taken against 
the applicant were based on factors other than his own 
misconduct. Having found no error or injustice with regard to 
the actions that occurred while the applicant was a military 


member, we conclude that no basis exists to grant favorable 
action on his request. 

 

_________________________________________________________________ 

 

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-2011-02510 in Executive Session on 29 Nov 11, under the 
provisions of AFI 36-2603: 

 

  Panel Chair 

  Member 

  Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, undated, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOS, dated 27 Sep 11. 

 Exhibit D. Letter, SAF/MRBR, dated 28 Oct 11. 

 

 

 

 

 

 Panel Chair 

 

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