RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03029 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was young and immature at the time of his military service 
which caused him to make some mistakes. His discharge is 
preventing him from receiving Department of Veteran Affairs (DVA) 
benefits. 

 

In support of his appeal, the applicant provides a copy of his DD 
Form 214, Certificate of Release or Discharge from Active Duty. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who 
entered active duty on 23 March 1982 in the grade of airman (E-
2). He received three Article 15s, was denied the Air Force Good 
Conduct Medal, and received a speeding ticket between 15 August 
1982 and 17 March 1983. As a result of his Article 15, dated 
17 March 1983, he was demoted to the grade of airman basic (E-1) 
with an effective date of 21 March 1983. 

 

On 31 March 1983, the applicant was notified that his commander 
was recommending him for a general discharge for a pattern of 
misconduct. After consulting with counsel, the applicant 
submitted statements in his own behalf on 7 April 1983. The 
Staff Judge Advocate found the case to be legally sufficient on 
8 April 1983. After considering the applicant’s submission, the 
discharge authority approved the recommended discharge and 
directed the applicant be discharged under the provisions of Air 
Force Regulation 39-10, Chapter 5, Section H, paragraphs 5-47a 
(Pattern of Misconduct), without probation or rehabilitation. 

 


On 19 April 1983, the applicant was discharged from active duty 
with a general (under honorable conditions) discharge. He served 
1 year, 4 months, and 24 days on active duty. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI), Clarksburg, WV, provided a copy of an 
Investigation Report (Exhibit C). 

 

On 13 October 2010, the applicant was given an opportunity to 
submit comments about his post service activities and to respond 
to the FBI Report (Exhibit D). As of this date, this office has 
received no response. 

 

_________________________________________________________________ 

 

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. Furthermore, we do 
not find clemency is appropriate in this case since the applicant 
has not provided any evidence concerning his post-service 
activities. Based on the foregoing, we find no basis 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 AFBCMR Docket 
Number BC-2010-03029 in Executive Session on 7 June 2011, under 
the provisions of AFI 36-2603: 

  

The following documentary evidence was considered for AFBCMR 
Docket Number BC-2010-03029: 

 

 Exhibit A. DD Form 149, dated 13 Aug 10, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFBCMR, dated 13 Oct 10, w/atch.