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AF | BCMR | CY2011 | BC-2011-04259
Original file (BC-2011-04259.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04259 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His discharge was inequitable because it was based on one 
isolated incident in 23 months of service. He served with 
distinction and honors, receiving numerous letters of recognition 
and achievement. 

 

In support of his request, the applicant provides copies of 
documents extracted from his military personnel records. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 26 Sep 85, the applicant contracted his enlistment in the 
Regular Air Force. He served as an Aircraft Pneudrautic Systems 
Mechanic. 

 

On 30 Jul 87, the applicant’s commander notified him that he was 
recommending his discharge for misconduct. The specific reason 
for the discharge action was that he received an Article 15 for 
making obscene telephone calls between February 1987 and 29 June 
1987. 

 

On 31 Jul 87, he acknowledged receipt of the notification letter 
and, after consulting with legal counsel, elected to submit a 
statement in his own behalf. On 7 Aug 87, the applicant waived 
his right to submit a statement in his own behalf. 

 

On 23 Aug 87, the legal office found the case to be legally 
sufficient and recommended the applicant be furnished a general 
(under honorable conditions) discharge without probation and 
rehabilitation. 


 

On 14 Aug 87, the discharge authority directed the applicant be 
furnished a general discharge without probation and 
rehabilitation. 

 

On 17 Aug 87, the applicant was furnished a general (under 
honorable conditions) discharge and he was credited with 1 year, 
10 months, and 22 days of active service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation indicated that on the basis of the data furnished, 
they were unable to locate an arrest record. 

 

On 15 Feb 12, the Board staff requested the applicant provide 
documentation concerning his activities since leaving military 
service (Exhibit C). 

 

In response, the applicant provides copies of character 
references and copies of various certificates, awards, and 
letters related to his professional accomplishments since leaving 
the service. The applicant’s complete response with attachments 
is at 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 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. 

 

_________________________________________________________________ 

 


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-2011-04259 in Executive Session on 24 May 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 19 Oct 11, w/atchs. 

 Exhibit B. Applicant's Master Military Personnel Records. 

 Exhibit C. Letter, AFBCMR, dated 15 Feb 12, w/atch. 

 Exhibit D. Letter, Applicant, dated 12 Mar 12, w/atchs. 

 

 

 

 

 

 Panel Chair 



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