RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02224 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

His general discharge was unjustified because his service record 
was honorable, including deployments and service during DESERT 
STORM. 

 

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 21 Aug 91 discharge. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 2 Oct 89 and 
was progressively promoted to the grade of airman first class 
(A1C/E-3). 

 

The squadron commander initiated administrative discharge action 
against the applicant for misconduct, specifically, the 
applicant received two Letters of Reprimand (LORs) for failure 
to return to duty and making a false statement, had seven 
dishonored check notifications; received a Letter of Counseling 
(LOC) for failure to go; two memorandums for record (MFRs) for 
failure to report and dereliction of duty, and two dishonored 
check notifications. 

 

After consulting with counsel and having been advised of his 
rights, the applicant submitted statements in his own behalf. 
The wing staff judge advocate recommended a general discharge, 
without probation and rehabilitation (P&R). The discharge 
authority approved the general discharge without P&R. 


 

The applicant was discharged under the provisions of AFR 39-10, 
on 21 Aug 91, by reason of misconduct – pattern of minor 
disciplinary infractions, with service characterized as general 
(under honorable conditions). He was credited with 1 year, 
10 months, and 20 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 31 Jan 11, 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). However, 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 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. We also find 
insufficient evidence to warrant a recommendation that the 
discharge be upgraded on the basis of clemency. We have 
considered the available evidence of record; however, 
considering his overall record of service, the FBI Report of 
Investigation, and the lack of post service information since 
his discharge, we are not persuaded that an upgrade of the 
characterization of his discharge is warranted. 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-2010-02224 in Executive Session on 3 March 2011, under 
the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 5 May 10. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report of Investigation. 

 Exhibit D. Letter, AFBCMR, dated 31 Jan 11, w/atchs.