Search Decisions

Decision Text

AF | BCMR | CY2012 | BC-2012-03695
Original file (BC-2012-03695.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03695 

 

 COUNSEL: NO 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was coerced into accepting a discharge for the convenience of 
expediting the process of getting on with the rest of his life. 
He believes an upgrade of his discharge is warranted because his 
record clearly shows that he served his country with honor and 
wishes to be able to serve if called upon. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 9 September 1985. 

 

On 5 August 1987, the applicant’s commander notified him that he 
was recommending his discharge from the Air Force for Misconduct 
- Minor Disciplinary Infractions. The specific reasons for the 
action were as follows: 

 

 a) On 23 January 1987, the applicant received a Letter of 
Counseling (LOC) for dereliction of duty. 

 

 b) On 26 February 1987, the applicant received a LOC for 
disobeying a direct order. 

 

 c) On 24 April 1987, the applicant received a LOC for 
failure to report to duty. 

 

 d) On 4 June 1987, the applicant received a Letter of 
Reprimand for failure to maintain his dormitory room in 
accordance with Air Force standards. 

 e) On 15 July 1987, a clinical interview and psychological 
testing revealed the applicant had some maladaptive personality 
traits. These traits were not severe enough to warrant a 


diagnosis of a Personality Disorder; however, a recommendation 
was made that he be considered for administrative separation. 
He stated that he disliked the military service, and would like 
to get out of the Air Force as soon as possible. 

 

 f) On 16 July 1987, the applicant received non-judicial 
punishment (NJP) under Article 15 of the Uniform Code of 
Military Justice (UCMJ) for failure to go. 

 

On 5 August 1987, the applicant acknowledged receipt of the 
action and, after consulting with legal counsel, waived his 
right to submit a statement in his own behalf. 

 

The case was found to be legally sufficient and, on 17 August 
1987, the discharge authority directed the applicant be 
furnished a general discharge, without probation and 
rehabilitation. On 19 August 1987, the applicant was furnished 
a general (under honorable conditions) discharge and was 
credited with 1 year, 11 months, and 1 day of total active 
service. 

 

On 23 August 1988, the Air Force Discharge Review Board (AFDRB) 
considered the applicant’s request to upgrade his discharge to 
honorable and change his narrative reason for separation to 
“unhappy service member” and concluded that the discharge was 
consistent with the procedural and substantive requirements of 
the discharge regulation, was within the discretion of the 
discharge authority, and the applicant was provided full 
administrative due process. 

 

On 23 April 2013, 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 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 Misconduct – Minor 
Disciplinary Infractions 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 the applicant’s activities 
since leaving the service, 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-2012-03695 in Executive Session on 23 May 2013, under 
the provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 4 July 2012. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFBCMR, dated 23 April 2013, w/atch. 

 

 

 

 

 

 Panel Chair 

 

 

 



Similar Decisions

  • AF | BCMR | CY2012 | BC-2012-01955

    Original file (BC-2012-01955.pdf) Auto-classification: Denied

    He assumed his discharge was upgraded until he requested his records on 2 Nov 2011. 2 On or about 5 Sep 1986, he failed to perform quality On or about 16 Oct 1987, he failed to report to work. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis.

  • AF | BCMR | CY2002 | BC-2002-03548

    Original file (BC-2002-03548.doc) Auto-classification: Denied

    Applicant was discharged on 29 February 1988, in the grade of airman basic with a general (under honorable conditions) discharge, in accordance with AFR 39-10 (Misconduct - Pattern of Minor Disciplinary Infractions). The applicant submitted a request to the Air Force Discharge Review Board (AFDRB) to have his general (under honorable conditions) discharge upgraded to honorable. Therefore, based on the information and evidence provided they recommend the applicant's request be denied (Exhibit D).

  • AF | BCMR | CY2007 | BC-2007-01277

    Original file (BC-2007-01277.doc) Auto-classification: Denied

    On 10 August 1987, the commander signed a recommendation to the discharge authority for the applicant’s discharge based on misconduct under AFR 39-10, paragraph 5-46 with a general discharge. On 8 September 1987, the applicant was discharged with a general (under honorable conditions) discharge with a narrative reason for separation of “Misconduct – Pattern of Minor Disciplinary Infractions” and a reenlistment eligibility (RE) code of “2B” (discharged under general conditions). The...

  • AF | BCMR | CY2013 | BC 2013 04804

    Original file (BC 2013 04804.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04804 COUNSEL: HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be reinstated in the United States Air Force or, as an alternative, his characterization of discharge be upgraded from general (under honorable conditions) to honorable. ________________________________________________________________ The following...

  • AF | BCMR | CY2005 | BC-2004-02740

    Original file (BC-2004-02740.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02740 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable. _________________________________________________________________ STATEMENT OF FACTS: Applicant enlisted in the Regular Air Force on 27 June 1986 in...

  • AF | BCMR | CY2012 | BC-2012-03800

    Original file (BC-2012-03800.txt) Auto-classification: Denied

    The applicant failed to provide any information or support from the rating chain of record on the contested report. The complete DPSID evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 3 May 2013 for review and comment within 30 days (Exhibit D). Additionally, we note AFPC/DPSIM’s recommendation to remove the 6 May 2011 Letter...

  • AF | BCMR | CY2005 | BC-2004-03695

    Original file (BC-2004-03695.doc) Auto-classification: Denied

    The discharge authority approved the separation and directed that applicant be discharged with an under honorable conditions (general) discharge without P&R. Items 11, 10 and 9 had to do with reading the newspaper on duty. Prior to being under Sergeant Z---‘s command, he enjoyed the military and working with patients, which he still does today.

  • AF | BCMR | CY2013 | BC 2012 05522

    Original file (BC 2012 05522.txt) Auto-classification: Denied

    The applicant received the appropriate RE code based his being involuntarily discharged with service characterized as general. A complete copy of the AFPC/DPSOA evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 21 Dec 12, for review and comment within 30 days. We took notice of the applicant’s complete submission in judging the merits...

  • AF | BCMR | CY2013 | BC-2012-03618

    Original file (BC-2012-03618.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03618 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ STATEMENT OF FACTS: On 15 Jul 85, the applicant entered active duty in the Regular Air Force. Exhibit C....

  • AF | BCMR | CY2006 | BC-2006-00397

    Original file (BC-2006-00397.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS states that based on the documentation on file in the master personnel records; the discharge was consistent with the procedural and substantive requirements of the discharge regulation. The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, nor did he provide any facts warranting a change to his character of service. We...