RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2008-03811 

 INDEX CODE: 110.02 

 XXXXXXX, COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Applicant makes no contentions. 

 

In support of his application, applicant provides a copy of DD 
Form 214, Certificate of Release or Discharge from Active Duty. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Applicant enlisted in the Regular Air Force on 7 September 1979 
and was progressively promoted to the grade of airman first 
class. 

 

On 17 December 1981, he was notified by his commander that he was 
recommending he be discharged from the Air Force under the 
provisions of AFR 39-12, para 52-4c (Unsuitability) for apathy, 
defective attitude and inability to expend efforts constructively 
as demonstrated by receiving numerous letters of counseling, and 
letters of reprimand and two Article 15s. He acknowledged receipt 
of the notification and submitted statements on his behalf. On 
6 January 1982, the administrative evaluation officer recommended 
to the Air Base Group Commander that the applicant be discharged 
and furnished a general discharge. On 13 January 1982, the 
discharge authority recommended approval of his discharge. On 
15 January 1982, he was discharged from the Air Force with a 
general discharge in the grade of airman. He served 2 years, 4 
months and 9 days of total active service. 

 



In response to the Board's request, the Federal Bureau of 
Investigation (FBI) provided a copy of an investigative report 
pertaining to the applicant. A copy of the FBI report was 
forwarded to the applicant on a 19 November 2008 for review and 
response within 30 days (See Exhibit D). As of this date, he has 
not responded. 

 

_________________________________________________________________ 

 

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. 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 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-
2008-03811 in Executive Session on 25 February 2009, under the 
provisions of AFI 36-2603: 

 

 Panel Chair 

  Member 

  Member 

 

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2008-03811: 

 

 Exhibit A. DD Form 149, dated 15 Oct 08, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report, dated 5 Nov 08. 

 Exhibit D. Letter, AFBCMR, dated 19 Nov 08. 

 

 

 

 

 

 Panel Chair