AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

DOCKET NUMBER:  BC-2012-00891 
 
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: 
 
His General discharge from the Air Force is unjust.  It has been 
24 years since his discharge.  He made mistakes during his time 
on  active  duty,  and  he  takes  full  responsibility  for  those 
actions.    He  offers  no  excuse  for  those  times  he  was  justly 
punished.  However, he was unjustly punished at times because he 
went  straight  into  On-the-Job-Training  (OJT)  after  Basic 
Training  rather  than  to  a  Technical  School,  so  certain  people 
felt he had not “paid his dues.”  He was young and intimidated 
by  rank,  and  unsure  of  what  to  do  because  of  the  rank  of  the 
people involved who he felt were punishing him unjustly.  As a 
result,  he  took  the  discharge  they  offered  him  and  did  not 
question  their  actions.    The  day  he  was  discharged,  he  was 
humiliated, embarrassed, and felt like he had let the Air Force, 
his family, his friends, and the country down.  He considers his 
service to the country to be honorable.  He has been married for 
almost 20 years; has 2 children, age 14 and 10; and, started and 
has run his own business for 12 years.  The Air Force is one of 
the main reasons he is still married and has a business today.   
 
In  support  of  his  request,  the  applicant  provides  an  expanded 
statement. 
 
The  applicant’s  complete  submission,  with  attachment,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
 

 

4.  On 23 Dec 86, he failed to go to a scheduled optometry 

6.  On  24  Jan  87,  he  damaged  government  property  through 

2.  In  Mar  86,  he  failed  to  go  to  a  scheduled  dental 

1.  On  6  Jan  86,  he  failed  to  go  to  a  scheduled  medical 

STATEMENT OF FACTS: 
 
The applicant initially entered active duty on 15 May 1985.   
 
On 22 Mar 88, the applicant’s commander notified him that he was 
recommending the applicant for discharge for Minor Disciplinary 
Infractions  without  probation  or  rehabilitation.    The  reasons 
for this recommendation were as follows: 
 
 
appointment.  
 
 
appointment.  
 
3.  On  4  Dec  86,  he  parked  in  a  no  parking  area,  and 
 
operated  a  motor  vehicle  without  a  license  or  military  ID  card 
in his possession.  
 
 
appointment.  
 
 
5.  On  14  Jan  87,  he  failed  to  comply  with  dormitory 
standards,  for  which  he  was  furnished  a  Letter  of  Reprimand 
(LOR).  
 
 
negligence, for which he was furnished an LOR.  
 
 
7.  On 31 Jul 87, he was derelict in his duty, for which he 
received  non-judicial  punishment  (NJP)  under  Article  15  of  the 
Uniform  Code  of  Military  Justice  (UCMJ).    As  punishment,  he 
received 30 days of correctional custody, a suspended reduction 
to the grade of Airman, and a suspended forfeiture of $150.00 a 
month for two months. 
 
 
conduct, for which he was furnished an LOR.   
 
 
actions appointment.   
 
 
10.  On  13  Feb  88,  he  operated  a  motor  vehicle  on  base 
while  drunk,  for  which  he  received  NJP.    As  punishment,  the 
applicant was reduced in grade to Airman Basic. 
 
On  28  Mar  88,  the  applicant  acknowledged  receipt  of  the 
discharge  notification,  waived  his  rights  to  consult  with 
counsel and to submit statements in his own behalf.   
 
On 31 Mar 88, the case was reviewed and determined to be legally 
sufficient and, on 4 Apr 88, the discharge authority directed he 
be discharge with a General discharge. 
 

8.  On 18 Aug 87, he violated Correctional Custody rules of 

9.  On  26  Feb  88,  he  failed  to  go  to  a  scheduled  social 

 

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On  6  Apr  88,  the  applicant  was  furnished  a  General  (Under 
Honorable  Conditions)  discharge  for  Misconduct—Pattern  of  Minor 
Disciplinary  Infractions,  and  was  credited  with  2  years, 
10 months, and 22 days of active service.   
 
Pursuant  to  the  Board’s  request,  the  Federal  Bureau  of 
Investigation  (FBI)  provided  a  copy  of  an  Investigative  Report 
indicating  they  were  unable  to  locate  an  arrest  record  on  the 
basis of the information provided. 
 
A  request  for  post-service  information  was  forwarded  to  the 
applicant on 24 Aug 12.  In response, the applicant provides an 
expanded  statement  in  which  he  reiterates  many  of  the  same 
points made in his initial statement.  He worked long hard hours 
while  in  the  Air  Force,  but  chose  poorly  at  times  when  he  was 
off duty.  He worked with the Special Olympics while in the Air 
Force  and  since  his  separation,  he  took  college  classes  and 
spent  almost  15  years  as  a  software  designer;  started  his  own 
lawn  care  business;  coached  many  children  in  sports;  is  very 
active  in  his  church;  and  is  proud  to  have  served  in  the  Air 
Force.    In  support  of  his  response,  the  applicant  provides 
copies of several supporting statements (Exhibit C). 
 
________________________________________________________________ 
 
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.  Sufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  an  injustice.    We  have  thoroughly 
reviewed the circumstances surrounding the applicant's discharge 
and  find  no  impropriety  in  the  characterization  of  service.  
Considered  alone,  we  conclude  the  discharge  proceedings  were 
proper  and  characterization  of  the  discharge  was  appropriate  to 
the  existing  circumstances.    Consideration  of  this  Board, 
however,  is  not  limited  to  the  events  which  precipitated  the 
discharge.    We  may  base  our  decision  on  matters  of  equity  and 
justice,  rather  than  simply  on  whether  rules  and  regulations 
which  existed  at  the  time  were  followed.    Based  on  the  evidence 
presented  by  the  applicant,  it  appears  the  applicant  has  led  a 
stable and productive life and there is no evidence he has had 
any  serious  involvement  of  a  derogatory  nature  since  his 
separation  from  the  Air  Force.    Under  our  broader  mandate  and 
after careful consideration of all the facts and circumstances of 
the applicant's case to include his professional accomplishments 
and contributions to his community since leaving the service, we 
believe  it  would  be  an  injustice  for  him  to  continue  to  suffer 
the adverse effects of the discharge.  Therefore, in the interest 

 

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of justice, we recommend the applicant's discharge be upgraded to 
Honorable on the basis of clemency. 

 ________________________________________________________________ 
 
THE BOARD RECOMMENDS THAT: 
 
The  pertinent  military  records  of  the  Department  of  the  Air 
Force  relating  to  the  applicant  be  corrected  to  show  on 
6 April 1988,  he  was  honorably  discharged  and  furnished  an 
Honorable Discharge Certificate. 
 
________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-00891  in  Executive  Session  on  28  Sep  10,  under 
the provisions of AFI 36-2603: 
 
      Panel Chair 
 
 
 
All  members  voted  to  correct  the  records  as  recommended.    The 
following  documentary  evidence  pertaining  to  AFBCMR  Docket 
Number BC-2012-00891 was considered: 
 
 
     Exhibit B.  Applicant's Available Personnel Records. 
     Exhibit C.  Letter, AFBCMR, dated 24 Aug 12. 
 
 
 
 
 
                                    
                                   Panel Chair 

 Exhibit D.  Letter, Applicant, dated 8 Sep 12, w/atchs. 

  Member 
  Member 

 Exhibit A.  DD Forms 149, dated 8 Mar 12, w/atch. 

 

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