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
3
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