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AF | BCMR | CY2012 | BC-2012-00744
Original file (BC-2012-00744.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER:  BC-2012-00744 
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: 
 
At the time of his discharge he was informed that he would not 
be  eligible  for  benefits  to  further  his  education.    An  upgrade 
would allow him those benefits. 
 
The  applicant  provided  no  documentation  in  support  of  his 
request.  His complete submission is at Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
On 5 Jun 1987, the applicant enlisted in the Regular Air Force. 
 
On  23  May  1988,  his  commander  notified  him  he  was  recommending 
he  be  discharged  under  the  provisions  of  AFM  39-10, 
Administrative  Separation  of  Airmen.    The  specific  reasons  for 
this action were: 
 
On  10  Feb  1988,  he  was  involved  in  a  family  dispute 
 
requiring  the  response  of  civil  authorities  as  evidenced  by  a 
Letter of Counseling dated 11 Feb 1988. 
 
On  24  Feb  1988,  he  was  involved  in  a  domestic  disturbance 
 
which  resulted  in  an  investigation  by  civil  authorities  as 
evidenced by a Letter of Reprimand (LOR) dated 28 Feb 1988. 
 
On  3  May  1988,  he  was  involved  in  a  domestic  disturbance 
 
that resulted in his arrest by civil authorities and a charge of 
felony  assault  and  battery  as  evidenced  by  a  LOR  dated  11  May 
1988. 
 
On  23  May  1988,  the  applicant  acknowledged  receipt  of  the 
discharge notification. 
 
On  26  May  1988,  the  Staff  Judge  Advocate  found  the  discharge 
legally sufficient. 

 

 

 
On 27 May 1988, the applicant was discharged from the Air Force, 
with  service  characterized  as  general  (under  honorable 
conditions).    He  served  11  months  and  23  days  of  total  active 
service. 
 
Pursuant  to  the  Board's  request,  the  Federal  Bureau  of 
Investigation (FBI), Washington, D.C., provided an investigative 
report at Exhibit C.  
 
On  19  Jun  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, this office has received no response. 
 
________________________________________________________________ 
 
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. 
 

 

 

 
 

 Panel Chair 
 Member 
 Member 

________________________________________________________________ 
 
The  following  members  of  the  Board  considered  this  application 
in Executive Session on 14 Aug 2012, under the provisions of AFI 
36-2603: 
 
 

 
The following documentary evidence was considered in AFBCMR BC-
2012-00744: 
 
    Exhibit A.  DD Form 149, dated 13 Feb 2012. 
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  FBI Report, dated 7 May 2012. 
    Exhibit D.  Letter, AFBCMR, dated 19 Jun 2012. 
 
 
 
 
                                     
                                   Panel Chair 
 
 

 

 



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