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AF | BCMR | CY2012 | BC-2012-02113
Original file (BC-2012-02113.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER: BC-2012-02113 
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: 
 
A background investigation by the U.S. Marshals Service reports 
an honorable. 
 
In support of his request, the applicant provides a copy of his 
DD  Form  214,  Certificate  of  Release  or  Discharge  from  Active 
Duty. 
 
The  applicant's  complete  submission,  with  attachment,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
On 23 Oct 90, the applicant entered active duty in the Regular 
Air Force. 
 
On  25  Feb  92,  the  applicant  was  notified  by  his  squadron 
commander  that  he  was  recommending  his  discharge  from  the  Air 
Force  for  misconduct.    The  basis  for  the  proposed  action  were:  
1)  On  3  Dec  91,  he  received  a  Letter  of  Reprimand  (LOR)  and 
Unfavorable Information File (UIF) for being disrespectful to a 
senior  noncommissioned  officer;  2)  On  23  Jan  92,  he  received  a 
LOR  and  UIF  action  for  being  disrespectful  to  a  superior 
commissioned  officer;  and  (3)  On  21  Feb  92,  he  received  an 
Article 15 for disobeying a lawful order not to make contact with 
a certain female at her residence.   
 
On  28  Feb  92,  the  applicant  acknowledged  receipt  of  the 
notification  of  discharge  and,  after  consulting  with  legal 
counsel, submitted a statement in his own behalf. 
 
The  base  legal  office  reviewed  the  case  and  found  it  legally 
sufficient to support separation and recommended that he receive 
a general discharge without probation and rehabilitation. 
 

On 9 Mar 92, the applicant was discharged under the provisions of 
AFR  39-10,  Administrative  Separation  of  Airmen, for Misconduct-
Pattern of Conduct Prejudicial to Good Order and Discipline, and 
received  a  general  discharge.    He  served  on  active  duty  for  a 
period of 1 year, 4 months and 17 days. 
 
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  25  Sep  12,  a  copy  of  the  FBI  report  was  forwarded  to  the 
applicant  for  review  and  comment  within  30  days.    At  the  same 
time,  the  AFBCMR  staff  offered  the  applicant  an  opportunity  to 
provide  information  pertaining  to  his  activities  since  leaving 
the  service  (Exhibit  D).    As  of  this  date,  a  response  has  not 
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, 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  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. 
 
_________________________________________________________________ 
 
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. 
 
 

2

, Panel Chair 
, Member 
, Member 

 
_________________________________________________________________ 
 
The  following  members  of  the  Board  considered  Docket  Number    
BC-2012-02113  in  Executive  Session  on  15  Nov  12,  under  the 
provisions of AFI 36-2603: 
 
 
 
 
 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 14 May 12, w/atch. 
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  FBI Report of Investigation, dated 6 Jun 12. 
    Exhibit D.  Letter, SAF/MRBC, dated 25 Sep 12. 
 
 
 
 
 

 
Panel Chair 

  
  

 
 

 
 

 
 

 
 

 
 

 

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