RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03212 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: His discharge was just and he never considered an appeal to change his status. He recognizes his discharge could have been worse, but, believes his prior conduct and service should have been factored in when considering his discharge. He has raised a family and all are doing well, and he has had no trouble with the law. In support of his appeal, the applicant submits a personal statement and a copy of his DD Form 214, Report of Separation from Active Duty, issued in conjunction with his 20 Dec 76 separation. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered active duty in the Regular Air Force on 26 Jul 72 for a period of four years. The squadron commander initiated administrative discharge action against the applicant for misconduct, specifically, civil court conviction. The underlying basis for this action was a conviction of robbery by the Crown Court, in Gloucester, England, with a sentence of 18 months imprisonment, suspended for two years. After consulting with counsel and having been advised of his rights, the applicant exercised his right to a hearing before a board of officers. The board determined the applicant should be separated with a general (under honorable conditions) discharge, without Probation and Rehabilitation (P&R). The United States Air Forces in Europe (USAFE) deputy staff judge advocate concurred with recommendation of a general discharge, without P&R. The discharge authority approved the general (under honorable conditions) discharge, without P&R. The applicant was discharged under the provisions of AFR 39-12, on 20 Dec 76, by reason of misconduct – civil court conviction, with service characterized as under honorable conditions, general. He was credited with 4 years, 4 months, and 17 days of active duty service, including eight days of lost time, due to civil confinement. 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 8 Oct 10, 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). In his statement, the applicant explains the circumstances surrounding the incidents listed in the FBI report and his life since leaving the service. He has been a productive citizen, with many accomplishments, including raising a family, with five children; achieving a level of success with his employment with General Motors for over 28 years; pursuing academic degree programs and training; working with youth sports leagues, and an avid churchgoer. He apologizes for the mistakes he made and the embarrassment he caused his country and the USAF, and even though he has carried this burden for over 35 years, it has served as a learning experience and vows not to make similar mistakes while helping others make better choices. In support of his appeal, the applicant provides several letters of character reference from co-workers, administrators, and associates; and copies of numerous certificates of training and achievements. The applicant’s complete response, with attachments, is at Exhibit E. ________________________________________________________________ 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. The applicant provided a personal statement and letters of character references in support of his appeal to have his discharge upgraded based on clemency; however, while we commend the applicant on his many accomplishments, when considering his overall record of service, the seriousness of the offenses which led to his administrative separation, and the FBI Report of Investigation, we are not persuaded that an upgrade of the characterization of his discharge is warranted at this time. 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 AFBCMR Docket Number BC-2010-03212 in Executive Session on 7 June 2011, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-03212 was considered: Exhibit A. DD Form 149, dated 26 Aug 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report of Investigation. Exhibit D. Letter, AFBCMR, dated 8 Oct 10, w/atchs. Exhibit E. Letter, Applicant, dated 28 Oct 10, w/atchs.