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AF | BCMR | CY2011 | BC-2011-04552
Original file (BC-2011-04552.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04552 

 COUNSEL: NONE 

 HEARING DESIRED: NOT INDICATED 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was told his discharge would be upgraded to honorable after 
six months and he needs a new DD Form 214, Certificate of 
Release or Discharge from Active Duty, reflecting the change. 

 

The applicant's complete submission is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 12 May 1981, the applicant enlisted in the Regular Air Force 
for a period of four years. 

 

On 17 Apr 1984, his commander notified him that he was 
recommending his separation from the Air Force under the 
provisions of AFR 39-10, Administrative Separation of Airmen. 
The specific reasons for this action were: 

 

 On 15 Jan 1982 he received a letter of counseling for failure 
to go. 

 

 On 23 Jan 1982, he assaulted three Air Force members and was 
court-martialed. He was sentenced to four months at hard labor, 
ordered to forfeit $300 of his pay for three months, and reduced 
to the grade of Airman Basic (E-1). 

 

 On 23 Jul 1983 he received a letter of reprimand for failure 
to go. 

 

 On 4 Nov 1983, he assaulted two members of the Boxing Team, 
inflicting grievous bodily harm upon one. He was again court-


martialed and was sentenced to perform 45 days hard labor, 
without confinement, and reduced to the grade of Airman (E-2). 

 

 

 

On 17 Apr 1984, the applicant acknowledged receipt of the notice 
of discharge. 

 

On 18 Apr 1984, the applicant offered a conditional waiver of 
his rights associated with an administrative discharge board 
hearing. This waiver was contingent on his receipt of no less 
than a general discharge if the recommendation for his discharge 
was approved. 

 

On 26 Apr 1984, the Staff Judge Advocate (SJA) reviewed the case 
and found it legally sufficient. 

 

On 7 May 1984, the commander rejected the applicant’s 
conditional waiver of administrative board proceedings. 

 

On 10 May 1984 the applicant was advised of his rights to an 
administrative discharge board, military counsel, and to submit 
statements on his own behalf. 

 

On 5 Jun 1984, his commander notified him that he was still 
recommending his discharge without probation and rehabilitation 
under the same provisions, however, due to further evidence 
presented to him by the SJA, he recommended that his service be 
characterized as general. Therefore, he was not entitled to 
present his case before an administrative discharge board. 

 

On 6 June 1984, the applicant acknowledged receipt of the 
notification and waived his right to submit statements. 

 

On 13 Jun 1984, the SJA submitted an addendum to his legal 
review and recommended the applicant be discharged with a 
general discharge without probation and rehabilitation. 

 

On 16 Jul 1984, the applicant was discharged with service 
characterized as general (under honorable conditions) in the 
grade of airman. He served 2 years, 11 months and 12 days of 
total active service. He accumulated 83 days lost time between 
the period 5 Mar 1982 through 27 May 1982. 

 

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

 

On 3 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 (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. 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 31 May 2012, under the provisions of AFI 
36-2603: 

 

 , Panel Chair 

, Member 

 , Member 

 

The following documentary evidence was considered in AFBCMR BC-
2011-04552: 

 

 Exhibit A. DD Form 149, dated 15 Nov 2011. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report, dated 11 Jan 2012. 

 Exhibit D. Letter, AFBCMR, dated 3 Apr 2012. 

 

 

 

 

 

 Panel Chair 

 

 

 



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