RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04800 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

2. He be reinstated to the rank of sergeant (Sgt) 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was young and immature. 

 

In support of his appeal, the applicant provides a copy of his DD 
Form 214, Armed Forces of the United States Report of Transfer or 
Discharge. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 28 Aug 68, the applicant contracted his enlistment in the Air 
Force. 

 

On 7 Feb 72, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for unsuitability 
based on apathy and defective attitude. The reasons for the 
action included disorderly conduct, failure to go, and failure to 
report to work on time for which he received nonjudicial 
punishment (NJP) three times, resulting in him being reduced to 
the grade of airman basic (E-1). In the recommendation for 
discharge the commander noted the applicant was repeatedly 
counseled verbally and in writing concerning his behavior and all 
attempts at rehabilitation did not produce any positive results. 

 

The applicant acknowledged receipt of the action. An evaluation 
officer was appointed who interviewed the applicant, reviewed his 
records and case file, and recommended the applicant be furnished 
a general discharge certificate. 

 


On 10 Feb 72, the legal office found the case to be legally 
sufficient and recommended the applicant be furnished a general 
(under honorable conditions) discharge without probation and 
rehabilitation. 

 

On 14 Feb 72, the discharge authority directed the applicant be 
furnished a general discharge. He was so discharged on 15 Feb 72 
and was credited with 3 years, 5 months, and 23 days of active 
service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an Investigative Report, 
which is at Exhibit C. 

 

On 2 Apr 12, a copy of the FBI Investigative Report and a request 
for post-service information was forwarded to the applicant for 
review and comment within 30 days (Exhibit D). As of this date, 
no response has been received by this office. 

 

_________________________________________________________________ 

 

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. We considered 
upgrading the discharge based on clemency; however, we do not 
find the evidence presented is sufficient to compel us to 
recommend granting the relief sought on that basis. As for his 
request for his grade of sergeant (E-4) to be restored, he has 
presented no evidence whatsoever that would convince us that he 
is the victim of an error or injustice in this regard. In our 
view, there is no evidence to indicate the punishment was 
disproportionate to the circumstances, his commander abused his 
discretionary authority, or that he was denied rights to which he 
was entitled. Therefore, in the absence of evidence to the 


contrary, we find no basis upon which to recommend granting the 
relief sought. 

 

_________________________________________________________________ 

 

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 this 
application. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-04800 in Executive Session on 19 Jul 12, under the 
provisions of AFI 36-2603: 

 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 5 Dec 11, w/atch. 

 Exhibit B. Applicant’s Master Military Personnel Records. 

 Exhibit C. FBI Investigative Report. 

 Exhibit D. Letter, AFBCMR, dated 2 Apr 12, w/atchs.