RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00492 

 INDEX CODE: 110.02 

 

 XXXXXXX COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

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APPLICANT REQUESTS THAT: 

 

His general (under honorable conditions) discharge be upgraded. 

 

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APPLICANT CONTENDS THAT: 

 

He had trouble with transitioning from being a military 
dependent to a military member. He was written up for a few 
minor infractions and was trying to straighten up, when he was 
arrested off-post. The charges were unfounded. The judge 
scolded the police and the prosecutor and threw the case out. 
However, the Air Force did not back him and discharged him 
before having an opportunity to see the outcome of the case. 
There was misconduct, but not serious offenses at all. His 
criminal record is spotless. He was totally innocent, and had 
never been in trouble before then or 23 years since then. 

 

The applicant’s complete submission is at Exhibit A. 

 

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STATEMENT OF FACTS: 

 

The applicant was discharged under the provisions of AFR 39-10, 
on 3 Apr 87, with a reason for separation of misconduct-other 
serious offenses. He was credited with 1 year and 22 days of 
active duty service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation, Clarksburg, West Virginia, indicated based on 
data furnished; they are unable to locate an arrest record. 

 

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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. Based upon the 
presumption of regularity in the conduct of governmental affairs 
and without evidence to the contrary, we must assume the 
applicant's discharge was proper and in compliance with 
appropriate directives. We also find insufficient evidence to 
warrant a recommendation that the discharge be upgraded on the 
basis of clemency. The applicant has not provided sufficient 
information of post-service activities and accomplishments for 
us to conclude that he has overcome the behavioral traits which 
caused the discharge. Should the applicant provide statements 
from community leaders and acquaintances attesting to his good 
character and reputation and other evidence of successful post-
service rehabilitation, this Board may be inclined to reconsider 
this case based on the new evidence. We cannot, however, 
recommend approval based on the current evidence of record. 
Therefore, in the absence of evidence to the contrary, we find 
no basis upon which to recommend granting the relief sought. 

 

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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. 

 

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The following members of the Board considered AFBCMR Docket 
Number BC-2010-00492 in Executive Session on 13 October 2010, 
under the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 3 Feb 2010. 

 Exhibit B. Applicant's Master Personnel Records.