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AF | BCMR | CY2012 | BC-2012-00222
Original file (BC-2012-00222.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER:  BC-2012-00222 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

IN THE MATTER OF: 
   
    
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His  general  (under  honorable  conditions)  discharge  be  upgraded 
to “Honorable.” 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
An  upgrade  to  his  discharge  was  required  under  President 
Carter’s administration. 
 
In support of his request, the applicant provides a copy of his 
DD  Form  215,  Correction  to  DD  Form  214,  Certificate  of  Release 
or Discharge from Active Duty. 
 
His complete submission, with attachment, is at Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
On 15 Nov 1976, the applicant enlisted in the Regular Air Force. 
 
On  22  Aug  1979,  his  commander  notified  him  he  was  recommending 
he  be  discharged  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.    The  reason  for  this  action  was  his 
apathetic  and  defective  attitude  towards  maintaining  the 
prescribed  standards  of  military  deportment.    In  1979,  there 
were  infractions  of  financial  irresponsibility,  frequent 
involvement with civil and military authorities, destruction of 
government  property,  unsanitary  habits  and  an  Article  15  for 
failure to go.  Specific infractions were as follows: 
 
On  22  Aug  1979,  the  applicant  acknowledged  receipt  of  the 
discharge notification. 
 
On  14  Sep  1979,  the  Staff  Judge  Advocate  (SJA)  found  the 
discharge legally sufficient. 
 
On 20 Sep 1979, the applicant was discharged from the Air Force, 
with  a  general  (under  honorable  conditions)  discharge.  He 

 

 

served 2 years, 10 months, and 6 days of total active service, 
which excludes 4 days of lost time. 
 
On  17  Dec  1989,  the  applicant  submitted  a  request  to  the  Air 
Force  Discharge  Review  Board  (AFDRB)  for  an  upgrade  to  his 
discharge. 
 
On  24  Aug  1990,  the  AFDRB  considered  his  application  and 
concluded  a  change  in  the  type  or  nature  of  his  discharge  was 
not  warranted  and  his  application  was  denied.    Additionally, 
while  reviewing  his  military  personnel  records,  the  AFDRB 
discovered  that  some  of  his  service  dates  were  erroneously 
entered  on  his  DD  Form  214.    The  AFDRB  issued  the  applicant  a 
DD Form  215  reflecting  the  administrative  correction  of  the 
data. 
 
Pursuant  to  the  Board’s  request,  the  Federal  Bureau  of 
Investigation  (FBI)  provided  a  copy  of  an  Investigative  Report 
(Exhibit C). 
 
On  24  Aug  2012,  a  copy  of  the  FBI  report  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.    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: 
 

 

2 

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 4 Oct 2012, under the provisions of AFI 
36-2603: 
 

 
 

 
 

 Panel Chair 
 Member 
 Member 

 
 
The following documentary evidence was considered in AFBCMR BC-
2012-00222: 
 
    Exhibit A.  DD Form 149, dated 14 Jan 2012, w/atch. 
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  FBI Report, dated 9 Aug 2012. 
    Exhibit D.  Letter, AFBCMR, dated 24 Aug 2012. 
 
 
 
 
                                    
                                   Panel Chair 
 

 

3 



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