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AF | BCMR | CY2013 | BC-2012-02058
Original file (BC-2012-02058.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 

 
 
DOCKET NUMBER:  BC-2012-02058 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

IN THE MATTER OF: 
   
   
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His general (under honorable conditions) discharge be upgraded to 
honorable. 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He  served  his  country  honorably  throughout  his  enlistment.    He 
admits he made mistakes; however, he believes his service did not 
warrant the level of discharge he received. 
 
In support of the applicant’s appeal, he provides copies of his 
annual  assessments  and  documents  extracted  from  his  military 
personnel records. 
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The  applicant  enlisted  in  the  Regular  Air  Force  on  16  December 
1987. 
 
The  applicant  was  notified  by  his  commander  of  his  intent  to 
recommend  that  he  be  discharged  from  the  Air  Force  under  the 
provisions  or  39-10.    The  specific  reasons  were  that  the 
applicant did, between July 1993 and March 1994, write checks and 
failed  to  maintain  sufficient  funds  in  the  bank,  delinquent  in 
paying accounts, and making a false official statement. 
 
He was advised of his rights in this matter and after consulting 
with  counsel,  the  applicant  submitted  a  conditional  waiver 
requesting a general discharge.  In a legal review of the case 
file,  the  acting  staff  judge  advocate  found  the  case  legally 
sufficient  and  recommended  the  conditional  waiver  be  approved.  
The discharge authority concurred with the recommendation.  The 
applicant  was  discharged  with  a  general  (under  honorable 

 
 

 

conditions)  discharge  on  27  May  1994.    He  served  6  years, 
5 months and 12 days on active duty. 
 
Pursuant  to  the  Board's  request,  the  Federal  Bureau  of 
Investigation  (FBI),  Clarksburg,  West  Virginia,  provided  an 
arrest record which is at Exhibit C. 
 
On 14 December 2012, a copy of the FBI Report of Investigation 
and  a  request  for  information  pertaining  to  his  post-service 
activities was forwarded to the applicant for review and response 
within 30 days (Exhibit D).   
 
The  applicant  provided  a  response  stating  he  has  provided 
evidence  that  speaks  to  his  character  and  activities  since 
leaving the service. 
 
The  applicant’s  complete  response,  with  attachments,  is  at 
Exhibit E. 
 
_________________________________________________________________ 
 
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, we do not find the evidence presented is sufficient to 
recommend granting the relief sought on that basis.  Therefore, 
in the absence of evidence to the contrary, we find no basis upon 
which to recommend granting the relief sought. 
 
_________________________________________________________________ 
 
 
 
 
 

 

2 
 

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-2012-02058  in  Executive  Session  on  15  February  2013, 
under the provisions of AFI 36-2603: 
 
 
The  following  documentary  evidence  pertaining  to  AFBCMR  Docket 
Number BC-2012-02058 was considered: 
 
  Exhibit A.  DD Form 149, dated 7 May 2012, w/atchs. 
  Exhibit B.  Applicant’s Master Personnel Records. 
  Exhibit C.  Federal Bureau of Investigation Report. 
  Exhibit D.  Letter, AFBCMR, dated 14 December 2012. 
  Exhibit E.  Letter, Applicant, dated 12 January 2013, w/atchs. 
 
 
 
 
 

 

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