RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01677 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NOT INDICATED 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was one week from discharge (separation). He was discharged 
following his conviction as an accessory to robbery. He was 
18 years old at the time and unarmed. He had never been in 
trouble up until that point and has not been in trouble with the 
law since. He has gone to college for three years in pursuit of 
his marketing degree. He served honorably until that incident 
and requests his discharge be upgraded so that he may pursue his 
VA benefits. 

 

In support of his request, the applicant provides a copy of his 
DD Form 214, Report of Separation from Active Duty. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 7 August 
1974. On 8 October 1976, an AF Form 2098, Duty Status Change, 
noted the applicant was indicted and entered a plea of guilty to 
one count of armed robbery. He was committed to the Department 
of Corrections in Columbia South Carolina for a period not to 
exceed 6 years. 

 

On 21 December 1976, the applicant was involuntarily discharged 
under the provisions of AFM 39-12, Separation for Unsuitability, 
Unfitness, Misconduct, Resignation, or Request for Discharge for 
the Good of the Service and Procedures for the Rehabilitation 
Program for misconduct, civil court disposition – waiver of 
board hearing. He was ineligible for reenlistment and his 
service was characterized as under other than honorable 


conditions. He was credited with serving 2 years 2 months and 
1 day of active duty service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation, Clarksburg, West Virginia provided a copy of an 
investigation report (Exhibit C). 

 

On 20 October 2011, the FBI investigation and a request for 
post-service information were forwarded to the applicant for 
response within 30 days. As of this date, no response has been 
received by this office (Exhibit D). 

 

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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. 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, or unduly harsh. We 
considered upgrading the discharge based on clemency; however, 
there was no evidence submitted 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. 

 

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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. 

 

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The following members of the Board considered AFBCMR Docket 
Number BC-2011-01677 in Executive Session on 8 December 2011, 
under the provisions of AFI 36-2603: 

  

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 18 Mar 11. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Investigative Report 

 Exhibit D. Letter, SAF/MRBC, dated 20 Oct 11.