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AF | BCMR | CY2012 | BC-2012-02662
Original file (BC-2012-02662.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02662 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His general (under honorable conditions) discharge be upgraded to 
honorable. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was young and made immature decisions which he regrets. He 
makes no excuses for what he did, but can proudly say that he has 
gone on to live a nice life. He and his wife have been married 
for 25 years and raised two children together. 

 

The applicant's complete submission, with attachment, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 2 Jun 87, the applicant entered active duty in the Regular Air 
Force. 

 

On 28 Jan 93, the applicant was notified by his squadron 
commander that he was recommending his discharge from the Air 
Force for misconduct-minor disciplinary infractions. The reasons 
for the proposed action were: 1) On 30 Jun 92, he made and 
uttered a bad check in the amount of $98.35; 2) On 17 Aug 92, he 
was issued a Notification of Indebtedness letter for dishonored 
checks in the amount of $177.38; 3) On 11 Sep 92, 2 Oct 92 and 
5 Oct 92, he was involved in assaults with his wife. On 6 Oct 
92, he was directed by his squadron commander to attend mandatory 
Alternative to Violence classes; and 4) On 22 Jan 93, he received 
an Article 15 for being disorderly and for unlawfully striking 
his wife repeatedly on the back of her head and her back with his 
fists. 

 

On 3 Feb 93, the applicant acknowledged receipt of the 
notification of discharge, consulted with legal counsel, and 
waived his right to submit statements in his own behalf. 

 

The base legal office reviewed the case and found it legally 
sufficient to support separation. The discharge authority 
approved the separation and directed a general (under honorable 
conditions) discharge without probation and rehabilitation. 

 


On 16 Feb 93, the applicant was discharged under the provisions 
of AFR 39-10, Administrative Separation of Airmen, for 
Misconduct-Pattern of Minor Disciplinary Infractions, and 
received a general (under honorable conditions) discharge. He 
served on active duty for a period of 5 years, 8 months and 15 
days. 

 

Pursuant to the request of the Board on 26 Jul 12, the Federal 
Bureau of Investigation, Clarksburg, West Virginia, indicated on 
30 Jul 12, that, on the basis of the data furnished, they were 
unable to locate an arrest record. 

 

On 17 Dec 12, a request for information pertaining to his post-
service activities was forwarded to the applicant for response 
within 30 days (Exhibit C). 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. We conclude, 
therefore, that the discharge proceedings were proper and 
characterization of the discharge was appropriate to the existing 
circumstances. The only other basis upon which to consider 
upgrade of his discharge would be clemency. In the interest of 
justice, we considered upgrading the discharge based on clemency; 
however, he provides no evidence concerning his post-service 
accomplishments to warrant consideration on this 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. 

 

_________________________________________________________________ 

 

The following members of the Board considered Docket Number 
BC-2012-02662 in Executive Session on 14 Feb 13, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 14 Jun 12, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, SAF/MRBC, dated 17 Dec 12, w/atch. 

 

 

 

 

 Panel Chair 

 



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