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AF | BCMR | CY2011 | BC-2011-03271
Original file (BC-2011-03271.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03271 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His military counsel told him his discharge would automatically 
change to honorable after two years, because of the nature of 
the “good of the Service request.” 

 

In support of his request, the applicant provides copies of DD 
Form 214; Report of Separation from Active Duty, AF 909, Airman 
Performance Report; DD Form 4, Enlistment Contract Armed Forces 
of The United States; his resume, and character letters. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s military records are missing documentation 
pertaining to his discharge; therefore, only a limited record 
exists. According to his available records, he enlisted in the 
Regular Air Force on 19 Jan 1973 for a period of four years. On 
23 Oct 1974, he was separated 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 4, “in lieu of trial by court-martial”. He 
received a general (under other than honorable conditions) 
discharge 

 

He served one year, nine months, and five days of total active 
service. 

 

On 17 Apr 2012, 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. As of this date, no response has 
been received by this office. 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 an error or an injustice. Although 
the applicant’s military records are missing documentation 
pertaining to his discharge, based upon the presumption of 
regularity in the conduct of governmental affairs and without 
evidence to the contrary, we must assume that his discharge was 
proper and in compliance with appropriate directives. We find 
no evidence of error in this case and after thoroughly reviewing 
the documentation that has been submitted in support of 
applicant's appeal, we do not believe that he has suffered from 
an injustice. In the interest of justice, 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 members of the Board considered this application 
in Executive Session on 22 May 2012, under the provisions of AFI 
36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence pertaining to BC-2011-03271 
was considered: 

 

 Exhibit A. DD Form 149, dated 12 Jul 2011, w/atchs. 

 Exhibit B. FBI Report, dated 12 Apr 2012. 

 Exhibit D. Letter, AFBCMR, dated 17 Apr 2012. 

 

 

 

 

 Panel Chair 

 

 

 



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