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AF | BCMR | CY2012 | BC-2012-03105
Original file (BC-2012-03105.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03105 

 

 COUNSEL: NO 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was told his discharge would automatically be upgraded after 
one year. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 23 Jul 81, the applicant commenced his enlistment in the 
Regular Air Force. 

 

On 26 Feb 86, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for misconduct – 
conduct prejudicial to good order and discipline. The reasons 
for the action included the applicant’s disrespectful behavior 
to a noncommissioned officer for which he received non-judicial 
punishment (NJP) under Article 15 of the Uniform Code of 
Military Justice (UCMJ); driving while drunk for which he 
received a vacation of suspended NJP; impersonating an agent of 
superior authority and failure to go for which he received an 
Article 15; failure to arrive back in the area in order to 
receive sufficient rest for duty and late for duty for which he 
received a Letter of Reprimand (LOR); failure to annotate vital 
information for which he received a Record of Individual 
Counseling (RIC); and failure to verify hourly tank sight gauge 
readings for which he received a LOR. 

 

 

 


On 26 Feb 86, the applicant acknowledged receipt of the 
notification of discharge and, after consulting with legal 
counsel, waived his right to submit a statement in his own 
behalf. 

 

On 12 Mar 86, the case was found to be legally sufficient and on 
13 Mar 86, the discharge authority directed the applicant be 
furnished a general discharge. On 17 Mar 86, the applicant was 
furnished a general (under honorable conditions) discharge and 
was credited with 4 years, 7 months, and 25 days of total active 
service. 

 

On 15 Jan 13, a request for post-service information was 
forwarded to applicant for comment within 30 days. As of this 
date, no response has been received by this office (Exhibit C). 

 

________________________________________________________________ 

 

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 an 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 process. Based on the 
available evidence of record, it appears the applicant’s general 
(under honorable conditions) discharge for pattern of misconduct 
was consistent with the substantive requirements of the 
discharge regulation and within the commander’s discretionary 
authority. He has provided no evidence which would lead us to 
believe the characterization of his service was improper or 
contrary to the provisions of the governing directive. In the 
interest of justice, we considered upgrading the discharge based 
on clemency; however, in the absence of any evidence related to 
his post-service activities we find no basis to recommend 
granting the relief sought on that basis. In view of the 
foregoing, and in the absence of evidence to the contrary, we 
conclude that no basis exists to upgrade the applicant’s general 
(under honorable conditions) discharge. 

 

________________________________________________________________ 

 

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-2012-03105 in Executive Session on 28 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 10 Jul 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFBCMR, dated 15 Jan 13, w/atch. 

 

 

 

 

 

 Panel Chair 

 

 

 

 

 

 

 

 

 

 

 



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