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AF | BCMR | CY2012 | BC-2012-02216
Original file (BC-2012-02216.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02216 

 

 COUNSEL: 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. His General (Under Honorable Conditions) discharge be 
upgraded to Honorable. 

 

2. His Separation Program Designator (SPD) code of GHQ 
(Ineligible for reenlistment) and Reentry Code (RE) of 2B 
(Separated with a General or Under Other Than Honorable 
Conditions Discharge) on his DD Form 214, Certificate of Release 
or Discharge from Active Duty, be changed to reflect an 
Honorable discharge. 

 

3. He be reinstated in the Air Force in the grade of Staff 
Sergeant (SSgt). 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His involuntary separation from the Air Force was completely 
unjust and deserves a thorough reevaluation. He was only 
accused of the offense leading to his discharge and has yet to 
face any type of prosecution. He agreed to a plea bargain 
whereby he maintained his declaration of innocence and accepted 
conditional probation without a finding or adjudication of 
guilt, or a conviction. His probationary period of two years 
could be drastically reduced depending upon his behavior. 
Ultimately, his successful completion of probation will result 
in the court’s dismissal of all charges against him, clearing 
his name of any wrongdoing. Although he made some poor choices 
in the past in selecting individuals to surround himself with, 
he has not committed any wrongdoing warranting the termination 
of his Air Force career. 

 

In support of his appeal, the applicant provides an expanded 
statement and copies of his Order for Conditional Discharge, 
Order of Probation, and information regarding “Alfred Pleas.” 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 


STATEMENT OF FACTS: 

 

The applicant initially entered the Regular Air Force on 
14 May 02. 

 

On 5 Jan 12, the applicant’s commander notified him she was 
recommending his discharge from the Air Force for Misconduct: 
Commission of a Serious Offense, Other Serious Offenses. The 
reasons for this action were that around 29-30 Apr 11, he 
committed the following crimes: 

 

 1. Aggravated Assault against a Household Member (Deadly 
Weapon): He pointed a black 12-guage shotgun at another 
individual and placed it in her mouth over the end of the 
barrel. 

 

 2. Aggravated Assault against a Household Member (No Great 
Bodily Harm): He grabbed the other individual by her arms and 
threw her down and strangled her. 

 

 3. Bribery of a Witness (Threats) (Reporting): He 
threatened to hurt and to put the other individual into the 
hospital if she reported the incident to the police. 

 

 4. Interference with Communications: He took the other 
individual’s cell phone with the intention of keeping her from 
calling the police. 

 

On 18 Jan 12, the applicant acknowledged receipt of the 
discharge notification, did not waive his right to an 
administrative discharge board or to military counsel, and 
indicated he intended to submit statements on his own behalf. 

 

On 19 Jan 12, the applicant’s commander recommended he be 
discharged from the Air Force for Misconduct: Commission of a 
Serious Offense, Other Serious Offenses. 

 

On 5 Mar 12, the discharge authority directed the applicant be 
discharged with a (General) Under Honorable Conditions Discharge 
without the opportunity for probation or rehabilitation. 

 

On 15 Mar 12, the applicant was discharged for Misconduct 
(Serious Offense), and was credited with 9 years, 10 months, and 
2 days of total active service. 

 

The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the offices of the Air 
Force office of responsibility which are at Exhibit C and D. 

 

________________________________________________________________ 

 

 

 

 

 


AIR FORCE EVALUATION: 

 

AFPC/DPSOS recommends denial, indicating there is no evidence of 
error or injustice. AFI 36-3208, Administrative Separation of 
Airmen, Paragraph 1.17 provides guidance regarding what to 
consider when characterizing service, and states in part the 
characterization of service is based on the quality of a 
member’s service as reflected in the military record of the 
current enlistment or period of service including personal 
conduct, performance of duty, and the reason for separation. 
Additionally, Paragraph 1.17.2 states you must consider conduct 
in the civilian community in characterizing service at 
separation, to include conduct in the civilian community that 
brings discredit on the Air Force, or conduct prejudicial to 
good order and discipline, or which adversely affects the 
quality of the member’s service. The applicant’s crimes brought 
discredit on the Air Force. 

 

A complete copy of the AFPC/DPSOS evaluation is at Exhibit C. 

 

AFPC/DPSOA recommends denial of the applicant’s request to 
change his RE Code of 2B. The applicant received the RE Code of 
2B based on his General discharge. The applicant’s discharge 
stemmed from his aggravated assault against a family member with 
a deadly weapon. The RE Code of 2B is required per AFI 36-2606 Reenlistment in the USAF, Chapter 5, based on his involuntary 
discharge. The applicant does not provide any proof of an error 
or injustice concerning his RE Code. 

 

A complete copy of the AFPC/DPSOA evaluation is at Exhibit D. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 7 Aug 12 for review and comment within 30 days. As 
of this date, no response has been received by this office 
(Exhibit E). 

 

________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by 
existing law or regulations. 

 

2. The application was timely filed. 

 

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 agree with the opinion and recommendation 
of the Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion the applicant has not 


been the victim of an error or injustice. Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2012-02216 in Executive Session on 23 Oct 12, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 21 May 12, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOS, dated 20 Jun 12. 

 Exhibit D. Letter, AFPC/DPSOA, dated 12 Jul 12. 

 Exhibit E. Letter, SAF/MRBR, dated 7 Aug 12. 

 

 

 

 

 

 Panel Chair 

 

 

 



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