RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03130 

 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His discharge was inequitable because it was based on his 
financial indebtedness at that time. He had no previous trouble 
with indebtedness and believes he should have been provided 
counseling and assistance rather than discharge. In fact, he 
knew of others with similar circumstances that were not 
discharged, but were subsequently promoted. 

 

In support of his appeal, the applicant provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, issued in conjunction with his 22 Apr 96 discharge. 

 

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

 

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STATEMENT OF FACTS: 

 

The applicant reenlisted in the Regular Air Force, on 15 Mar 95, 
for a period of four years. 

 

On 1 Apr 96, the squadron commander notified the applicant of 
administrative discharge action for a pattern of misconduct, 
specifically, conduct prejudicial to good order and discipline. 
The underlying basis for this action was a series of 
disciplinary infractions committed by the applicant. 
Specifically, for the acts of misconduct, he received three 
Letters of Counseling (LOCs) for two incidents of failure to 
maintain sufficient funds in his bank account and keeping 
company with minor children, not his own and six Letters of 
Reprimand (LORs) for serving alcoholic beverages to minors, 
dereliction of duty, three incidents of insufficient funds in 
his bank account, and failure to pay a just debt. 

 


On that same date, the applicant acknowledged receipt of the 
discharge notification and submitted statements in his own 
behalf. The staff judge advocate recommended that he receive a 
general (under honorable conditions) discharge, without 
probation and rehabilitation (P&R). On 19 Apr 96, the discharge 
authority approved the general discharge without P&R. 

 

The applicant was discharged, on 22 Apr 96, by reason of 
misconduct, with service characterized as general (under 
honorable conditions). He was credited with 4 years, 4 months 
and 11 days of active duty 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 30 Apr 12, 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). 

 

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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, unduly harsh, or 
disproportionate to the offenses committed. Considering the 
applicant’s overall record of service, and the FBI Report of 
Investigation, we are not persuaded that an upgrade of the 
characterization of his discharge is warranted on the basis of 
clemency. 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. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-03130 in Executive Session on 31 May 2012, under 
the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 10 Aug 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report of Investigation. 

 Exhibit D. Letter, AFBCMR, dated 30 Apr 12, w/atchs.