RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03367 

 COUNSEL: NONE 

 HEARING DESIRED: NOT INDICATED 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The applicant makes no contentions. 

 

The applicant's complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 2 Aug 83, the applicant entered the Regular Air Force. 

 

On 15 Apr 85, the applicant was notified of pending discharge 
action. Specifically, the commander cited Misconduct, Conduct 
Prejudicial to Good Order and Discipline as the basis for 
discharge. 

 

The records reveal the applicant’s misconduct consisted of two 
Article 15s, Record of Nonjudicial Punishment Proceedings, for 
being drunk and disorderly on station and sleeping on post. He 
received two Letters of Counseling for being late for duty and 
for being in an extremely relaxed position on duty (possibly 
asleep), and a Letter of Reprimand for reporting late to duty. 
Additionally, on 21 Feb 85, an Incident/Complaint Report was 
filed against the applicant for being intoxicated, belligerent, 
and obnoxious. 

 

The applicant consulted counsel and waived his right to submit 
statements in his own behalf. 

 

On 23 Apr 85, the staff judge advocate found the case legally 
sufficient and recommended discharge without probation and 
rehabilitation. 

 

On 26 Apr 85, the discharge authority directed discharge. On 
1 May 85, the applicant was separated with a general (under 
honorable conditions) discharge. 

 


Pursuant to the Board’s request, the Federal Bureau of 
Investigations (FBI) provided an investigative report, which is 
at Exhibit C. On 18 Feb 11, a copy of the investigative report, 
with a request for post-service information was forwarded to the 
applicant for a response within 30 days (Exhibit D). As of this 
date, the applicant has not provided a 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 an error or an injustice. After 
careful consideration of the available evidence, we found no 
indication that the actions taken to effect the applicant’s 
discharge were improper or contrary to the provisions of the 
governing regulations in effect at the time. Further, in view 
of the contents of the FBI Identification Record we are not 
persuaded that the characterization of the applicant’s discharge 
warrants an upgrade to honorable on the basis of clemency. 
Having found no error or injustice with regard to the actions 
that occurred while the applicant was a military member, we 
conclude that no basis exists to grant favorable action on his 
request. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved. 
Therefore, the request for a hearing is not favorably 
considered. 

 

_________________________________________________________________ 

 

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 Docket Number 
BC-2010-03367 in Executive Session on 30 March 2011, under the 
provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 27 Jul 10. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFBCMR, dated 18 Feb 11, w/atchs.