RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03802 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His General (Under Honorable Conditions) discharge be upgraded 
to Honorable. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

When he enlisted back in 1986 at the age of 17 he was immature 
and not ready for the challenges of the armed forces. He has 
now been in the California Army National Guard for twelve years. 
He is a Staff Sergeant (SSG)/E-6 in a Military Police training 
unit as a certified instructor. He deployed to both Operations 
NOBLE EAGLE and IRAQI FREEDOM, and was honorably discharged 
after both. He has received multiple awards from his active 
duty time and from his time in direct combat, and has a 
disability. 

 

He is currently a Federal Police Officer, Sergeant/GS-8, Traffic 
Investigator and Special Reaction Team (SRT) Lead, and has been 
with the department for over 10 years. He is working on his 
Bachelor’s Degree in Criminal Justice with a goal of obtaining a 
Masters Degree in Law. Since he separated from the Air Force he 
has become goal and family oriented. He has been married over 
19 years, has a daughter in college, a son in high school, and a 
son in first grade. He respectfully asks for the Board’s 
consideration for changing his discharge to “Honorable,” based 
upon clemency because he has proved his allegiance to the 
country with his dedication and service for the past 12 years. 

 

In support of his request, he provides two DD Forms 214, Certificate of Release or Discharge from Active Duty, his 
promotion orders to SSG, his orders for the Combat Action Badge, 
and his Leave and Earning Statement. 

 

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

 

________________________________________________________________ 


STATEMENT OF FACTS: 

 

The applicant entered active duty on 17 Dec 86. 

 

On 13 Sep 88, his commander notified him he was recommending his 
discharge from the Air Force for Minor Disciplinary Infractions, 
with his service characterized as General. The reasons for this 
action were: 

 

 a. On or about 1 Jun 87, he failed to obey an order to 
report to work at 0700. As a result he received a Letter of 
Reprimand (LOR). 

 

 b. On or about 18 Dec 87, he fell asleep during a 
Commander’s Call. As a result, he received a Record of 
Individual Counseling. 

 

 c. On or about 10 Jun 88, he misused a government vehicle 
by transporting a personal friend. As a result, he received a 
Record of Individual Counseling. 

 

 d. On or about 12 Jun 88, he failed to go to training as 
directed. Furthermore, on or about 14 Jun 88, he took an 
excessive amount of time to get to the training office. As a 
result, he received a Record of Individual Counseling. 

 

 e. On 24, 27, and 29 Jun 88, and on 1, 5, and 6 Jul 88, 
his hairstyle violated AFR 35-10, Dress and Personal Appearance 
of Air Force Personnel. As a result, he received a Record of 
Individual Counseling. 

 

 f. On 12 Jul 88, he disobeyed a lawful order given by his 
squadron section commander not to ride his motorcycle without 
the required safety gear. As a result, he received an LOR. 

 

 g. On 15 Jul 88, he failed to return to his duty station 
upon release from the motorcycle safety course. As a result, he 
received an LOR. 

 

 h. On or about 18 Jul 88, he violated AFI 35-10, by 
wearing an unauthorized item in his left earlobe. When 
questioned about this, he made a false statement indicating the 
item was actually a pimple. On or about 20 Jul 88, he again 
wore an unauthorized item in his left earlobe. When this was 
investigated, it was determined to be the bristle from a brush. 
When questioned, he again made a false statement concerning what 
was in his ear. As a result, he received an LOR. 

 

 i. On or about 26 Jul 88, he violated a lawful order by 
having an unaccompanied female guest in his dormitory room. As 
a result he received nonjudicial punishment (Article 15). 

 


On 14 Sep 88, after consulting with legal counsel, the applicant 
acknowledged receipt of the action and waived his right to 
submit a statement on his behalf. 

 

On 19 Sep 88, the applicant’s commander recommended he be 
discharged. The case was found to be legally sufficient and the 
discharge authority directed the applicant be furnished a 
General (Under Honorable Conditions) discharge for Minor 
Disciplinary Infractions. He was discharged on 20 Sep 88 and 
was credited with one year, nine months, and seven days of 
active service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an Investigative Report 
indicating they were unable to locate an arrest record on the 
basis of the information provided. 

 

________________________________________________________________ 

 

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 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 process. Based on the 
available evidence of record, it appears the applicant’s General 
(Under Honorable Conditions) discharge for Misconduct—Pattern of 
Minor Disciplinary Infractions was consistent with the 
substantive requirements of the discharge regulation and within 
the discharge authority’s discretion. The applicant has 
provided no evidence which would lead us to believe his General 
(Under Honorable Conditions) discharge was improper or contrary 
to the provisions of the governing directive. In the interest 
of justice, we considered upgrading the discharge on the basis 
of clemency; however, we do not find that sufficient evidence 
was presented for us to recommend granting the relief sought on 
that basis at this time. In view of the foregoing, and in the 
absence of evidence to the contrary, we conclude that no basis 
exists to upgrade the applicant’s General (Under Honorable 
Conditions) discharge 

 

________________________________________________________________ 

 

 

 

 

 


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-2011-03802 in Executive Session on 26 Jun 12, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 24 Oct 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 

 

 

 

 

 Panel Chair