RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02832 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. His General (Under Honorable Conditions) discharge be 
upgraded to Honorable. 

 

2. His Pay Grade, as reflected on his DD 214, Certificate of 
Release or Discharge from Active Duty, be changed to E-4. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was under the impression that his discharge would be upgraded 
automatically six months after his discharge. As for his pay 
grade, he is now a liver transplant candidate and wishes to be 
buried as an E-4 if something should happen. 

 

In support of his request, the applicant provides a copy of his 
DD Form 214 and a letter from the Department of Veterans Affairs 
(DVA) notifying him that he is an organ transplant candidate. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered the Air Force on 26 Mar 86. 

 

On 5 Sep 89, the applicant’s commander notified him of his 
intent to discharge him from the Air Force with a General (Under 
Honorable Conditions) discharge for Minor Disciplinary 
Infractions. The reasons for the action included five 
incidences of failure to go to his appointed place of duty at 
the prescribed time, one incidence or reporting late for duty, 
and one incidence of operating a motor vehicle while drunk, for 
which he twice received non-judicial punishment under Article 15 
of the Uniform Code of Military Justice, four letters of 
counseling, and a record of individual counseling. 

 

 


On 14 Sep 89, the case was determined to be legally sufficient; 
the discharge authority subsequently concurred and directed the 
applicant be furnished a General discharge; and, on 3 Oct 89, 
the applicant was furnished a General (Under Honorable 
Conditions) discharge and was credited with 7 years and 26 days 
of active duty service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a report indicating they were 
unable to locate an arrest record on the basis of the 
information provided. 

 

A request for post-service information was forwarded to the 
applicant on 15 Dec 11 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(Exhibit C). 

 

________________________________________________________________ 

 

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. 

 

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 of a hearing is not favorably considered. 

 

________________________________________________________________ 

 

 

 

 


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 the 
application. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-02832 in Executive Session on 1 March 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 28 Jul 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFBCMR, dated 15 Dec 11. 

 

 

 

 

 

 Chair