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.
3
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The specific reasons for this action were: On or about 1 Feb 1979, he failed to go to his appointed place of duty in violation of Article 86, for which he received a Letter of Reprimand (LOR). 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 2 on that basis. Exhibit C. FBI Report, dated 29 June 2012.