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AF | BCMR | CY2012 | BC-2012-03587
Original file (BC-2012-03587.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03587 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His narrative reason for separation of “Misconduct” be changed. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was traumatized in technical school and never received help 
from the Air Force. This interfered with his conduct and 
military career. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 4 December 
1991. 

 

The applicant was notified by his commander of his intent to 
recommend his discharge from the Air Force under the provisions 
of AFR 39-10 – Misconduct. The specific reasons follow: 

 

 a. The applicant did between 15 July 1993 and 22 June 
1994 receive numerous Letters of Reprimand (LORs) for the 
underage consumption of alcohol, disobeying a lawful order, and 
for failing to go to his appointed place of duty. 

 

 b. The applicant did between 12 December 1992 and 
16 December 1993 receive numerous Records of Counseling (ROCs) 
for failing to go and refusing to obey an order. 

 

 

 

 

 

 

 

 

 c. The applicant did between 15 November 1993 and 21 June 
1994 receive two Article 15s, Records of Nonjudicial Punishment 


Proceedings, for failing to go and for leaving his appointed 
place of duty without authority. 

 

He was advised of his rights in this matter and after consulting 
with counsel the applicant elected not to submit a statement on 
his own behalf. In a legal review of the case file, the 
assistant staff judge advocate found the case legally sufficient 
and recommended discharge. The discharge authority concurred 
with the recommendation and directed a general (under honorable 
conditions) discharge. The applicant was discharged on 8 July 
1994. He served 2 years 7 months and 4 days on active duty. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSOR recommends denial. They state the applicant’s service 
to the Air Force reflects significant negative aspects (failures 
to go and absence without authority) which outweigh his positive 
contributions. A general discharge tells others that while the 
applicant performed his duties in a generally acceptable manner, 
his misconduct significantly detracted from his overall 
performance. The applicant’s records show he was counseled by 
supervisors, first sergeants, and commanders on various 
occasions. The applicant’s retention on active duty was 
determined not to be in the interest of the Air Force, nor 
consistent with good order and discipline. 

 

Discharge on the basis of a pattern of misconduct is amply 
supported by the documentation of two actions under Article, 
UCMJ, against the applicant. 

 

Before recommending this discharge, the applicant’s commander 
stated he ensured rehabilitation efforts were made. Despite 
having had every opportunity to correct substandard behavior, the 
applicant refused to take responsibility for his actions. The 
applicant repeatedly demonstrated his unwillingness to adhere to 
military standards. The applicant showed little rehabilitative 
potential considering his repeated acts of misconduct. 

 

Based on the documentation on file in the master personnel 
records, the discharge to include the service characterization 
was appropriately administered and within the discretion of the 
discharge authority. The applicant did not provide any evidence 
that an error or injustice occurred in the processing of his 
discharge. 

 

 

 

 

The complete DPSOR evaluation is at Exhibit C. 

 

_________________________________________________________________ 


 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 26 November 2012, a copy of the Air Force evaluation was 
forwarded to the applicant for review and response within 30 days 
(Exhibit D). 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 an error or injustice. The 
applicant’s contentions are duly noted; 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 that 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 an 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-2012-03587 in Executive Session on 16 April 2013, under 
the provisions of AFI 36-2603: 


 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-03587 was considered: 

 

 Exhibit A. DD Form 149, dated 6 August 2012, w/atch. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOR, dated 8 November 2012. 

 Exhibit D. Letter, SAF/MRBR, dated 26 November 2012. 

 

 

 

 

 



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