RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02128 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

His general (under honorable conditions) discharge be upgraded. 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

He was a young man away from home and not really able to adapt 
at the time. He has changed and grown into a responsible man, 
has been a good citizen, graduated from college, and believes 
since he has turned his life around his discharge should be 
upgraded to honorable. 

 

In support of his appeal, the applicant provides a personal 
statement and a copy of his DD Form 214, Certificate of Release 
or Discharge from Active Duty, issued in conjunction with his 
24 Nov 89 discharge. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered active duty in the Regular Air Force on 
7 Dec 83 and was progressively promoted to the grade of sergeant 
(Sgt/E-4). 

 

During his second enlistment of 1 Apr 88, the squadron commander 
initiated administrative discharge action against the applicant 
for misconduct, specifically, minor disciplinary infractions. 
The underlying basis for this action was a series of 
disciplinary infractions committed by the applicant. 
Specifically, for the acts of misconduct, he received an 
Article 15 for failing to perform assigned duties, and vacation 
of suspended punishment for driving while drunk; three Letters 
of Reprimand (LORs) for operating a vehicle while drunk, failing 
to sign a check at the base exchange and failing dormitory 
inspection, and three Letters of Counseling (LOCs) for failure 


to return to duty on two occasions, dereliction of duty, and 
failure to obey a lawful order. 

 

After consulting with counsel and having been advised of his 
rights, he submitted a conditional waiver of his right to have 
his case heard before an administrative discharge board upon 
receipt of a general discharge. The wing staff judge advocate 
recommended a general discharge, without probation and 
rehabilitation (P&R). The discharge authority approved the 
general discharge without P&R. 

 

The applicant was discharged under the provisions of AFR 39-10, 
on 24 Nov 89, in the grade of airman first class. With a reason 
for separation of misconduct – pattern of minor disciplinary 
infractions, with service characterized as general (under 
honorable conditions). He was credited with 1 year, 7 months, 
and 24 days of active duty service, including 4 years, 3 months, 
and 24 days of prior active service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation, Clarksburg, West Virginia, provided an 
investigative report which is attached at Exhibit C. 

 

On 31 Jan 11, a copy of the FBI report was forwarded to the 
applicant for comment. At that time, he was also invited to 
provide additional evidence pertaining to his activities since 
leaving the service (Exhibit D). However, as of this date, no 
response has been received by this office. 

 

________________________________________________________________ 

 

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 during the discharge process. 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. We also find 
insufficient evidence to warrant a recommendation that the 
discharge be upgraded on the basis of clemency. Considering the 
applicant’s overall record of service, the FBI Report of 


Investigation, and the lack of post service information since 
his discharge, we are not persuaded that an upgrade of the 
characterization of his discharge is warranted. 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 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. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-02128 in Executive Session on 15 March 2011, 
under the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 27 May 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report of Investigation. 

 Exhibit D. Letter, AFBCMR, dated 31 Jan 11, w/atchs.