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
AF | BCMR | CY2012 | BC-2012-02113
The base legal office reviewed the case and found it legally sufficient to support separation and recommended that he receive a general discharge without probation and rehabilitation. 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. Exhibit C. FBI Report of Investigation, dated 6 Jun 12.
AF | BCMR | CY2009 | BC-2009-02355
Based on the available evidence of record, it appears the applicant’s General (Under Honorable Conditions) discharge for unsatisfactory performance was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority. 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. Exhibit D. Letter, AFBCMR, dated 31...
AF | BCMR | CY2013 | BC 2013 01291
His referral EPR dated from 7 Nov 2009 through 6 Nov 2010 was a direct result of the contested FA failures. His referral EPR dated from 18 Jun 11 through 23 Mar 12 was a result of his FA failure and a Letter of Reprimand (LOR) dated 7 Mar 2012, issued for domestic violence. In reference to the EPR rendered 17 Jun 2011, DPSID found that based upon the legal sufficiency of the Article 15, and no evidence the nonjudicial punishment was ever set aside, they find that its mention in the...
AF | BCMR | CY2007 | BC-2007-02580
On 11 Sep 84, the applicant’s commander notified him that he was recommending him for discharge from the Air Force (AF) for misconduct. Pursuant to the Board’s request, the Federal Bureau of Investigation provided an investigative report which is attached at Exhibit C. On 14 Sep 07, the Board staff forwarded the applicant a copy of his FBI report for review and comment within 30 days. Based on the available evidence of record, it appears the discharge was consistent with the...
AF | BCMR | CY2009 | BC-2008-02668
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS At the time he was disciplined, he requested that he be discharged and was subsequently rendered a general discharge. The following members of the Board considered Docket Number BC-2008-02668 in Executive Session on 16 December 2008, under the provisions of AFI 36-2603:
AF | BCMR | CY2006 | BC-2005-03504
On 2 August 1983, the discharge authority approved and directed the applicant be discharged with a general discharge without probation and rehabilitation. Based on the information and evidence provided they recommend the applicant's request be denied (Exhibit D). On 28 December 2005, the Board staff requested the applicant provide documentation concerning his activities since leaving military service.
AF | BCMR | CY2005 | BC-2005-03504
On 2 August 1983, the discharge authority approved and directed the applicant be discharged with a general discharge without probation and rehabilitation. Based on the information and evidence provided they recommend the applicant's request be denied (Exhibit D). On 28 December 2005, the Board staff requested the applicant provide documentation concerning his activities since leaving military service.
AF | BCMR | CY2007 | BC-2007-01469
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01469 INDEX CODE: 110.00 XXXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 8 November 2008 ________________________________________________________________ APPLICANT REQUESTS THAT: His characterization of service be upgraded from general to honorable. On 17 April 2007, the SAF/MRB Legal Advisor provided a generic opinion concerning service...
AF | BCMR | CY2006 | BC-2006-01844
As of this date, this office has received no response. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting the applicant’s general discharge be upgraded to an honorable discharge. Exhibit B.
AF | BCMR | CY2008 | BC-2008-00198
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00198 INDEX CODE: 106.00 XXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable. On 9 June 1983, the applicant was notified of his commander's intent to recommend him for a general discharge for misconduct – minor...