RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03148 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

___________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

___________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was told his discharge would automatically be upgraded; however, 
he did not realize he had to apply to get the discharge upgraded. 

 

In support of his request, the applicant provides a copy of a 
DD Form 293, Application for the Review of Discharge from the Armed 
Forces of the United States. 

 

His complete submission, with attachment, is at Exhibit A. 

 

___________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted into the Regular Air Force on 27 Jan 76. 
His commander recommended him for discharge under the provisions of 
AFM 39-12, Chapter 2, Section A, paragraph 2-4c. The specific 
reason for his discharge was for apathy (having a defective 
attitude and inability to expend effort constructively). He 
received two Article 15s (one for possession of marijuana and the 
other for failure to go) and a letter of reprimand for failing to 
report for urinalysis testing. The applicant consulted with legal 
counsel; however, he waived his right to submit statements on his 
own behalf. The staff judge advocate concurred with the discharge 
authority. The applicant received a general discharge effective 
31 Mar 77. He served 1 year, 2 months, and 5 days on active duty 

 

A request for information pertaining to her post-service activities 
was forwarded to the applicant on 2 Nov 10 for response within 
30 days (see Exhibit C). As of this date, the applicant has not 
responded. 

 

 

 

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 Nov 10, a copy of the FBI report was 


forwarded to the applicant for review and comment within 30 days. 
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 his service was contrary to the provisions of 
the governing regulation, unduly harsh, or disproportionate to the 
offenses committed. 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 this application in 
Executive Session on 2 Dec 10, under the provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

 

 

 

The following documentary evidence for Docket Number BC-2010-03148 
was considered: 


 

 Exhibit A. DD Form 149, dated 18 Aug 10, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFBCMR, dated 2 Nov 10. 

 

 

 

 

 

 Panel Chair