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AF | BCMR | CY2012 | BC-2012-01750
Original file (BC-2012-01750.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER: BC-2012-01750 
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: 
 
1. He  would  like  to  go  back  to  Afghanistan  in  support  of 
Operation  ENDURING  FREEDOM  and  needs  an  honorable  discharge  in 
order to work with Dynacorp.  
 
2. In 1983, he was discharged as an Air Force Fire Fighter.  In 
1984,  he  started  working  as  a  civil  service  Fire  Fighter  and 
retired  in  2010.    He  spent  2  years  in  Afghanistan  as  a  Fire 
Inspector, 10 months at Bagram Airfield, and the remaining time 
was  spent  in  the  “North”  at  forward  operating  bases  (FOBs) 
Spann, Deh Dadi, Kunduz, Marmal and Camp Griffin.   
 
3. He spent the last 28 years in support of his country.  He did 
not  perform  a  combat  role  but  was  in  constant  danger  due  to 
daily rocket and mortar attacks.   
 
4. He  has  rescued  personnel  from  fires  and  motor  vehicles  and 
has  put  his  life  in  danger.    He  spent  numerous  hours  on  a 
military  Mine  Resistant  Ambush  Protected  (MRAP)  vehicle  going 
from  FOB  to  another  while  performing  his  duties.    He  was  the 
only  experienced  Fire  Fighter  responsible  for  training  the 
“troops”  on  fire  safety  at  FOB  Spann  on  fire  fighting  tactics 
and strategies.   
 
5. He  made  a  mistake  some  30  years  ago  while  in  the  military; 
however,  his  actions  since  then  should  gain  him  some  favorable 
consideration.   
 
In support of his request, the applicant provides a copy of a DD 
Form 293, Application for the Review of Discharge from the Armed 
Forces of the United States.  
 
The  applicant's  complete  submission,  with  attachment,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 

 
STATEMENT OF FACTS: 
 
On 7 Oct 80, the applicant enlisted in the Regular Air Force.  
 
On  20  May  83,  the  applicant  was  notified  of  his  commander’s 
intent  to  recommend  he  be  discharged  from  the  Air  Force  under 
the provisions of AFR 39-10, Administrative Separation of Airmen 
for  Drug  Abuse.    The  applicant  acknowledged  receipt  of  the 
notification of discharge.  The specific reason for the proposed 
action was: 
 
    On or about 14 Feb 83 and 28 Feb 83, the applicant received 
an  Article  15,  Uniform  Code  of  Military  Justice  (UCMJ),  for 
wrongful  use  of  marijuana.    For  this  misconduct,  the  applicant 
received a reduction to the grade of airman, with a new date of 
rank of 13 Apr 83, and forfeiture of $100 pay per month for two 
months.  
 
The  applicant  after  consulting  with  counsel,  offered  a 
conditional  waiver  to  waive  his  right  to  an  administrative 
discharge board hearing contingent upon receiving no less than a 
general (under honorable conditions) discharge.   
 
On  2  Jun  83,  the  Staff  Judge  Advocate  (SJA)  reviewed  the  case 
and recommended the 21st Combat Support Group commander forward 
the  case  to  the  Alaskan  Air  Command  (AAC)  commander  with  a 
recommendation to separate the applicant from the Air Force with 
a  general  (under  honorable  conditions)  discharge  without 
probation and rehabilitation.   
 
On  7  Jun  83,  the  21st  Combat  Support  Group  commander  reviewed 
the  case  file  and  recommended  the  Alaskan  Air  Command  (AAC) 
commander  to  approve  the  applicant’s  conditional  waiver  for  no 
less than a general (under honorable conditions) discharge.  
 
On  23  Jun  83,  AAC/SJA  reviewed  the  case  file  and  found  it 
legally sufficient to support discharge and recommended that he 
receive a general (under honorable conditions) discharge without 
probation and rehabilitation. 
 
On  6  Jul  83,  the  vice  commander  Alaskan  Air  Command  concurred 
with the recommendation and directed a general (under honorable 
conditions) discharge without the opportunity for probation and 
rehabilitation.  On 7 Jul 83, the applicant was discharged from 
the  Air  Force  with  a  general  (under  honorable  conditions) 
discharge  in  the  grade  of  airman.    He  served  two  years,  nine 
months and one day of total active duty service.  
 
Pursuant  to  the  Board’s  request,  the  Federal  Bureau  of 
Investigations (FBI) Clarksburg, WV, states they were unable to 
identify  an  arrest  record  on  the  basis  of  the  information 
furnished (Exhibit C).  
 

 

2 

On  17  Jul  12,  the  applicant  was  offered  an  opportunity  to 
provide  information  pertaining  to  his  activities  since  leaving 
the service (Exhibit D).   
 
In  response  to  the  request,  the  applicant  provided  a  personal 
letter.  The applicant states he was not the type of person to 
get into trouble; he went to work on time; had a great working 
relationship  with  his  supervisors  and  co-workers;  received  his 
five-skill level, and was advanced in rank.    
 
In 2009, he went to Afghanistan with ITT Systems Corporation as 
a fire inspector where he helped the military in fire safety.  
 
The applicant’s complete response is at Exhibit E. 
 
_________________________________________________________________ 
 
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.    After 
thoroughly reviewing the evidence of record, we find no evidence 
to  indicate  that  his  discharge  from  the  Air  Force  was 
inappropriate, or that the actions taken to affect his discharge 
and the characterization of his service were improper, contrary 
to the provisions of the governing regulations in effect at the 
time,  or  based  on  factors  other  than  his  own  behavior  and 
inability  to  comply  with  standards.    In  addition,  we  find 
insufficient  evidence  to  warrant  a  recommendation  that  the 
discharge  be  upgraded  on  the  basis  of  clemency.    We  have 
considered  the  applicant’s  overall  record  of  service,  and  the 
events  which  precipitated  the  discharge,  and  his  post  service 
information;  however,  we  do  not  find  the  evidence  presented  is 
sufficient to compel us to recommend granting the relief sought 
on  that  basis.    Therefore,  we  find  no  basis  to  recommend 
granting the relief sought in this application. 
 
________________________________________________________________ 
 
 
 
 
 
 
 
 
 

 

3 

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. 
 
________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-01750  in  Executive  Session  on  23  Sep  12,  under 
the provisions of AFI 36-2603: 
 
 
 
 
The following documentary evidence was considered: 
 
 
 
 
 
 
 
 
 
 
 
 

Exhibit A.  DD Form 149, dated 17 Apr 12, w/atch. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Negative FBI Response, dated 13 Jun 12.  
Exhibit D.  Letter, SAF/MRBC, dated 17 Jul 12. 
Exhibit E.  Letter, Applicant, undated 

Panel Chair 
Member 
Member 

 

Panel Chair  

  

 

 

 

 

 

  
 

 
 

 

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