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AF | BCMR | CY2012 | BC-2012-03445
Original file (BC-2012-03445.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03445 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His under honorable conditions discharge be upgraded to 
honorable. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His supervisor felt that he did not apply himself to the 
fullest. He tried to have his job upgraded; however, a captain 
singled him out for some reason. He received an Article 15 and 
was sent to correctional custody for three days. He experienced 
physical and mental abuse by this captain. 

 

He served his country well. He has been involved with his local 
church for years. He served on the usher board, men’s counsel 
and youth activities. He works for retired and elderly people 
in the community assisting them with necessities and providing 
care. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 3 October 
1980. On 25 June 1982, he was notified of his commander’s 
intent to discharge him from the Air Force for his inability to 
expend his efforts constructively. Specifically, the applicant 
received two Article 15s, one Letter of Reprimand, three Records 
of Counseling and he failed his end of course test on two 
occasions. The applicant acknowledged the action, his right to 
consultation and to submit matters. The applicant received 
consultation and submitted a statement on his behalf. On 9 July 
1982, the staff judge advocate found the case legally 
sufficient. The applicant was separated with a general, under 
honorable conditions discharge on 14 July 1982. He was credited 
with 1 year, 3 months and 12 days of active duty service. 

 

 

On 3 January 2013, a request for post-service information 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 during the discharge process. 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, or unduly harsh. In the 
interest of justice, we considered upgrading the applicant’s 
discharge on the basis of clemency, however, there was no 
evidence submitted to compel us to recommend granting the 
request 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. 

 

________________________________________________________________ 

 

The following members of the Board considered BCMR Docket Number 
BC-2012-03445 in Executive Session on 14 March 2013, under the 
provisions of AFI 36-2603: 

 

Vice Chair 

 Member 

 Member 

 

 

 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-03445 was considered: 


 

 Exhibit A. DD Form 149, dated 5 Jul 12. 

 Exhibit B. Applicant’s Master Personnel Record. 

 Exhibit C. Letter, SAF/MRBC, dated 3 Jan 13. 

 

 

 

 

 

 Vice Chair 



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