AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01955
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 discharge was not automatically upgraded as promised. He
assumed his discharge was upgraded until he requested his
records on 2 Nov 2011.
His current discharge reflects “convenience of the military”
[sic].
The record will not show any judicially enforceable sanctions
that support a general discharge.
He was never counseled on “substantial prejudice in civilian
life,” nor was he available to sign his DD Form 214, Certificate
of Release or Discharge from Active Duty.
In support of his request, the applicant provides a personal
statement and a copy of his DD Form 214.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 15 Jul 1985, the applicant enlisted in the Regular Air Force.
On 11 Dec 1987, his commander notified him he was recommending
he be discharged for minor disciplinary infractions. The
authority for this action was AFR 39-10, Administrative
Separation of Airman. The specific reasons for this action
were:
From on or about Nov 1985 to on or about 13 Jan 1986, he
failed to provide his technical school diploma to his
supervisor. For this offense he received a letter of counseling
(LOC).
2
On or about 5 Sep 1986, he failed to perform quality
On or about 16 Oct 1987, he failed to report to work. For
On or about 10 Sep 1986, he engaged in sub-standard
On or about 15 Dec 1986, he removed bolts from the engine
of an aircraft and left the area. For this offense he received
a LOC.
maintenance. For this offense he received a LOC.
maintenance practices. For this offense he received a LOC.
this offense he received a LOC.
On or about 4 Feb 1987 and 18 Feb 1987, he failed to show
up for morning roll call. For each of these offenses he
received a LOC.
On or about 23 Feb 1987 and on 3 Mar 1987, he failed to
maintain his uniform and hair in an acceptable military image.
For each of these offenses he received a LOC.
On or about 20 Oct 1987, he requested sick leave from a
noncommissioned officer (NCO), which was denied, whereupon he
requested the very same sick leave from another NCO, which was
granted. However, he never told the NCO who granted the sick
leave that it had previously been denied. For this offense he
received a LOC.
to work. For each of these offenses he received a LOC.
On or about 23 Nov 1987, he was walking on base with his
hands in his pocket and failed to salute a colonel. For this
offense he receive a LOC.
On 11 Dec 1987, the applicant acknowledged receipt of the
discharge notification.
On 16 Dec 1987, the Staff Judge Advocate found the discharge
legally sufficient and the discharge authority approved his
discharge.
On 23 Dec 1987, the applicant was discharged from the Air Force,
with a general (under honorable conditions) discharge. His
narrative reason for separation was “Misconduct-Pattern of Minor
Disciplinary Infractions.” He served two years, five months,
and nine days of total active service.
Pursuant to the Board’s request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report
(Exhibit C).
On or about 18 Nov 1987 and 19 Nov 1987, he reported late
2
On 18 Sep 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, no response has been received by this office.
________________________________________________________________
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.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 5 Nov 2012, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
4
The following documentary evidence was considered in AFBCMR BC-
2012-01955:
Exhibit A. DD Form 149, dated 30 Apr 2012, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 13 Jun 2012.
Exhibit D. Letter, AFBCMR, 18 Sep 2012, w/atch.
Panel Chair
4
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