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AF | BCMR | CY2012 | BC-2012-01692
Original file (BC-2012-01692.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-01692 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His General (Under Honorable Conditions) discharge be upgraded 
to Honorable. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

At the time of his discharge he was 17 years old and a dumb kid. 
His is currently a journeyman plumber and has raised three 
children. One is in the Army and one is in the Navy becoming a 
nurse. He is 47 years old and going back to school to study 
wind technology. The mistakes he made at age 17 he cannot take 
back, but he can try to make up for them. He has done his best 
in regards to making himself a model citizen. If he could do 
his life over he would not make the mistakes he made earlier in 
life. 

 

In support of his request, the applicant provides an expanded 
statement, copies of his Journeyman Plumbers Certificate, and 
information on his education in Renewable Energy Technology. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant initially entered active duty on 21 Jan 81. 

 

On 7 Oct 81, the applicant’s commander notified him that he was 
recommending the applicant for discharge for unsuitability, 
apathy, and defective attitude. The reasons for the 
recommendation were: 

 

 1. On 22 Sep 81, he received counseling concerning three 
dishonored checks he wrote at the Base Exchange. 

 

 


 2 On 11 Sep 81, he received non-judicial punishment under 
Article 15 of the Uniform Code of Military Justice (UCMJ) for 
failure to obey a lawful order. 

 

 3. On 6 Aug 81, he received an Article 15 for failure to 
obey a lawful order. 

 

 4. On 21 Jul 81, he received an Article 15 for failure to 
go at the time prescribed to his appointed place of duty. 

 

 5. On 12 Jun 81, he received a Letter for Reprimand (LOR) 
for failure to go at the time prescribed to his appointed place 
of duty. 

 

 6. On 10 Jun 81, he received a Letter of Counseling (LOC) 
for wearing an earring while in uniform. 

 

 7. On 26 May 81, he received an LOC for incurring a 
traffic citation. 

 

The applicant acknowledged receipt of the action and that 
military counsel was made available to him, and waived his 
rights to an administrative discharge board hearing. The case 
was reviewed and determined to be legally sufficient and, on 
20 Oct 81, the discharge authority directed the applicant be 
furnished a General discharge without probation or 
rehabilitation. 

 

On 20 Oct 81, the applicant was furnished a General (Under 
Honorable Conditions) discharge for being Unsuitable—Apathy, 
Defective Attitude, and was credited with nine months of active 
service. 

 

On 3 Dec 87, the Air Force Discharge Review Board (DRB) 
considered a request from the applicant to upgrade his discharge 
to Honorable. The DRB denied the request, finding that neither 
the evidence of record nor the evidence provided by the 
applicant substantiated an inequity or impropriety which would 
justify a change of discharge. 

 

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

 

On 24 Aug 12, a copy of the FBI Report and a request for post-
service information were forwarded to the applicant for review 
and comment within 30 days. As of this date, no response has 
been received by this office (Exhibit D). 

 

________________________________________________________________ 

 

 

 

 


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 an 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 on the basis of 
clemency; however, we do not find the evidence presented is 
sufficient for us to recommend granting the relief sought on 
that basis at this time. Therefore, in the absence of evidence 
to the contrary, we conclude that no basis exists to recommend 
granting the relief sought in this application. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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 AFBCMR Docket 
Number BC-2012-01692 in Executive Session on 28 Sep 12, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

 

 

 

 

 

 


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-01692 was considered: 

 

 Exhibit A. DD Forms 149, dated 28 Mar 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Record. 

 Exhibit D. Letter, AFBCMR, dated 24 Aug 12. 

 

 

 

 

 

 Panel Chair 



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