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AF | BCMR | CY2012 | BC-2012-01951
Original file (BC-2012-01951.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 

 
 
DOCKET NUMBER:  BC-2012-01951 
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: 
 
He believes his court-martial was unjust.  His work performance 
was questioned and attempts were made to discredit him.  He has 
obtained  a  Bachelor  of  Science  degree  in  Accounting  Control 
Systems and is employed with the Department of the Interior. 
 
In support of the applicant’s appeal, he provides a copy of his 
bachelor’s degree. 
 
The  applicant's  complete  submission,  with  attachment,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant enlisted in the Regular Air Force on 21 July 1992. 
 
On 1 April 1997, the applicant was notified by his commander of 
his intent to recommend that he be discharged from the Air Force 
under the provisions of AFPD 36-32 and AFI 36-3208.  The specific 
reasons are as follows: 
 
    a.  On  or  about  3  December  1994,  the  applicant  stole  a 
compact disc of a value of about $11.94, the property of the Army 
and Air Force Exchange Service.  For this misconduct he received 
punishment under Article 15, Uniform Code of Military Justice. 
 
    b.  On  8  October  1996,  the  applicant  attempted  to  steal 
$669.00  from  the  base  exchange  by  requesting  a  refund  for  the 
return  of  a  camcorder  which  was  not  his  property.    For  this 
misconduct he was court-martialed. 
 
 
 
 
 

    c.  On 9 October 1996, the applicant was found in violation 
of dorm inspection rules during a routine dorm inspection.  For 
this misconduct he received a Letter of Counseling (LOC). 
 
    d.  On or about 12 February 1997, the applicant was found in 
violation  of  dorm  inspection  rules.    The  room  was  found  to  be 
unsatisfactory  for  the  third  time.    For  this  misconduct  he 
received a Letter of Reprimand (LOR). 
 
He was advised of his rights in this matter and elected to submit 
a  statement  on  his  own  behalf.    In  a  legal  review  of  the  case 
file, the staff judge advocate found the case legally sufficient 
and  recommended  discharge.    The  discharge  authority  concurred 
with  the  recommendation  and  directed  a  general  discharge.    The 
applicant was discharged on 29 April 1997.  He served 4 years, 
8 months and 15 days on active duty. 
 
On  22  April  1998,  the  Air  Force  Discharge  Review  Board  (AFDRB) 
considered  and  denied  the  applicant’s  request  that  his  general 
discharge be upgraded to honorable (Exhibit B). 
 
Pursuant  to  the  Board's  request,  the  Federal  Bureau  of 
Investigation indicated that on the basis of the data furnished, 
they were unable to locate an arrest record. 
 
_________________________________________________________________ 
 
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.    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. 
 

 

2 
 

 

 
_________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-01951  in  Executive  Session  on  1  November  2012, 
under the provisions of AFI 36-2603: 
 
 
The  following  documentary  evidence  pertaining  to  AFBCMR  Docket 
Number BC-2012-01951 was considered: 
 
  Exhibit A.  DD Form 149, dated 16 April 2012, w/atch. 
  Exhibit B.  Applicant’s Master Personnel Records. 
 
 
 
 
 
 

 

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