Search Decisions

Decision Text

AF | BCMR | CY2013 | BC-2012-03603
Original file (BC-2012-03603.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03603 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was given a conditional offer of employment that was later 
rescinded solely due to his discharge status. 

 

His record was impeccable prior to his involvement with his 
flight chief who seemed to have a personal vendetta against him. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 6 Jul 1990, the applicant enlisted in the Regular Air Force. 

 

On 23 May 1994, his commander notified him he was recommending 
he be discharged under the provisions of AFR 39-10, Administrative Separation of Airmen, for a pattern of 
disciplinary infractions. The specific reasons for his action 
are reflected in the Notification Memorandum at Exhibit B. 

 

On 23 May 1994, the applicant acknowledged receipt of the 
discharge notification and provided a personal statement and 
numerous character letters. 

 

On 7 Jun 1994, the Staff Judge Advocate found the discharge 
legally sufficient. 

 

On 9 Jun 1994, the applicant was discharged from the Air Force, 
with a service characterized as general (under honorable 
conditions). He served 3 years, 11 months, and 3 days of total 
active service. 

 

On 1 Apr 2013, a request for post-service information was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit C). 


 

In further support of his request the applicant provided, 
through his senator, a brief history of his life and two 
character references. 

 

His complete submission, with attachments, is at Exhibit D. 

 

________________________________________________________________ 

 

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 compel us 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 in this application. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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 this application 
in Executive Session on 21 May 2013, under the provisions of AFI 
36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered in AFBCMR BC-
2012-03603: 

 

 Exhibit A. DD Form 149, dated 10 Aug 2012, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFBCMR, dated 1 Apr 2013, w/atch. 

 Exhibit D. Letter, Applicant, 22 Apr 2013, w/atchs. 

 

 

 

 

 

 Panel Chair 

 

 



Similar Decisions

  • AF | BCMR | CY2012 | BC-2012-04493

    Original file (BC-2012-04493.txt) Auto-classification: Denied

    On 11 Jan 1995, the applicant was discharged from the Air Force, with a service characterized as under other than honorable conditions. 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. The following members of the Board considered this application in Executive Session on 16 Jul 2013, under the provisions of AFI 36-2603: , Panel...

  • AF | BCMR | CY2013 | BC 2012 03700

    Original file (BC 2012 03700.txt) Auto-classification: Denied

    Moreover, there has been no showing that he had an unfitting medical condition that would have required his processing through the Military Disability Evaluation System – a prerequisite to a medical discharge. 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. Exhibit B.

  • AF | BCMR | CY2013 | BC-2013-00654

    Original file (BC-2013-00654.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00654 COUNSEL: NONE XXXXXXX HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to “honorable.” ________________________________________________________________ APPLICANT CONTENDS THAT: His record of service in the Air Force was honorable. ...

  • AF | BCMR | CY2012 | BC-2012-00246

    Original file (BC-2012-00246.pdf) Auto-classification: Denied

    The evaluation officer recommended the applicant be discharged and be given a general discharge and that his request for an upgrade to honorable be considered due to his excellent on duty work record. 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. ________________________________________________________________ The following...

  • AF | BCMR | CY2012 | BC-2012-02159

    Original file (BC-2012-02159.pdf) Auto-classification: Denied

    AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-02159 COUNSEL: NONE HEARING DESIRED: NO IN THE MATTER OF: ________________________________________________________________ APPLICANT REQUESTS THAT: His general discharge be upgraded to honorable. On 11 Jun 1984, the applicant was discharged from the Air Force, with a general discharge. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find...

  • AF | BCMR | CY2013 | BC 2012 05334

    Original file (BC 2012 05334.txt) Auto-classification: Denied

    The documentation on file in the master personnel records supports the basis for discharge to include her character of service and narrative reason for separation. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon...

  • AF | BCMR | CY2012 | BC-2012-02174

    Original file (BC-2012-02174.txt) Auto-classification: Denied

    In support of his request, the applicant provides copies of a Medical Provider Form, VA Form 10-5345, Request and Authorization to Release Medical Records or Health Information; AF Form 422, Notification of Air Force Member’s Qualification Status, and extracts from his medical records. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 17 Sep 2012, a copy of the Air Force evaluation was forwarded to the applicant for review...

  • AF | BCMR | CY2013 | BC 2013 04099

    Original file (BC 2013 04099.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04099 XXXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to a Honorable Discharge. The applicant’s complete submission is at Exhibit A. On 3 Jun 86, the applicant was notified by his commander of an amendment to the 24 Apr 86 Letter of...

  • AF | BCMR | CY2012 | BC-2012-03369

    Original file (BC-2012-03369.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03369 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he added his spouse to his Reserve Component Survivor Benefit Plan (RCSBP) election instead of “Children Only.” _________________________________________________________________ APPLICANT CONTENDS THAT: He was...

  • AF | BCMR | CY2013 | BC 2013 03048

    Original file (BC 2013 03048.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03048 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Reentry (RE) code 2B, which denotes "approved involuntary separation with less than honorable discharge," be changed to honorable. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence...