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AF | BCMR | CY2012 | BC-2012-04250
Original file (BC-2012-04250.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04250 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His misconduct was an isolated incident and during that time he 
was very immature. 

 

The applicant's complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 16 March 1982. 

 

The applicant was notified by his commander of his intent to 
recommend that he be discharged from the Air Force under the 
provisions of AFR 39-10. The specific reasons were as follows: 

 

 a. In July 1983, the applicant received notification of a 
dishonored check from the AAFES. 

 

 b. The applicant received a Letter of Reprimand (LOR), dated 
4 January 1984, for failure to obey lawful orders and regulations 
regarding the misuse of a government vehicle. 

 

 c. The applicant received nonjudicial punishment under 
Article 15 of the Uniform Code of Military Justice (UCMJ), dated 
18 April 1984, for driving while intoxicated. 

 

He was advised of his rights in this matter and elected not to 
submit a statement on his own behalf. In a legal review of the 
case file, the acting staff judge advocate found the case legally 
sufficient and recommended discharge. The discharge authority 
concurred with the recommendation and directed a general 
discharge. The applicant was discharged on 21 June 1984. He 
served 2 years, 3 months and 6 days on active duty. 

 


On 26 March 2013, a request for information pertaining to his 
post-service activities was forwarded to the applicant for review 
and response within 30 days (Exhibit C). As of this date, this 
office has received no response. 

 

_________________________________________________________________ 

 

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. In the interest of 
justice, we considered upgrading the discharge based on clemency; 
however, the applicant provides no evidence concerning his post-
service activities to warrant consideration 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 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-2012-04250 in Executive Session on 8 May 2013, under 
the provisions of AFI 36-2603: 

 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-04250 was considered: 

 

 Exhibit A. DD Form 149, dated 5 September 2012. 

 Exhibit B. ApplicantÂ’s Master Personnel Records. 

 Exhibit C. Letter, AFBCMR, dated 26 March 2013. 

 

 

 

 

 



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