RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02222 

 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 could be upgraded six months after 
leaving the service. 

 

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

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who 
entered active duty on 1 June 1982 and was promoted to the grade 
of airman (E-2) with a date of rank of 1 December 1982. 

 

On 27 June 1983, the applicant was notified that his commander 
was recommending him for a general discharge for misconduct which 
resulted in the applicant receiving Article 15, Uniform Code of 
Military Justice (UCMJ), punishment for failure to obey a lawful 
order; and, two Letters of Reprimand (LORs) for being arrested by 
civil authorities for battery and, participating in a breach of 
peace and drunk on station. As a result of the applicant’s 
Article 15, he received punishment consisting of reduction in 
grade to airman basic (E-1), forfeiture of $100 pay, and 14 days 
of extra duty. 

 

On 30 June 1983, after consulting counsel, the applicant 
submitted a statement in his own behalf. After a legal review 
found the case to be legally sufficient, the discharge authority 
approved the recommended discharge and directed the applicant be 
issued a General Discharge Certificate without probation and 
rehabilitation under the provisions of Air Force Regulation 39-
10, Section H, paragraph 5-47. 


 

On 20 July 1983, the applicant was discharged from active duty in 
the grade of airman basic with a general discharge and a 
narrative reason for separation as “Misconduct-Pattern 
Discreditable Involvement with Military or Civil Authorities.” 
He served one year, three months, and one day on active duty. 

 

On 24 April 1997, the Air Force Discharge Review Board (AFDRB) 
considered and denied the applicant’s request to upgrade his 
discharge. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI), Clarksburg, WV, provided a copy of an 
Investigation Report (Exhibit C). 

 

On 9 August 2011, the applicant was given an opportunity to 
submit comments about his post service activities and in response 
to the FBI Report (Exhibit D). 

 

The applicant responded by stating he had developed an alcohol 
drinking problem while in the service, but didn’t realize it at 
the time. He was totally out of control and would like to 
apologize for his actions. Once leaving the service, his 
drinking continued to escalate and he began getting arrested on 
several charges. He realized he needed help and checked himself 
into a substance abuse program. He went back to school and got 
his associate degree. He now has over 19 years of sobriety and 
has been a very productive member of society by helping to mentor 
neighborhood children about the effects of alcohol and drug 
abuse. 

 

He now works for the New York City Department of Transportation 
as a supervisor of stock workers. 

 

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 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 AFBCMR Docket 
Number BC-2011-02222 in Executive Session on 23 February 2012, 
under the provisions of AFI 36-2603: 

 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-02222 was considered: 

 

Exhibit A. DD Form 149, dated 10 Jun 11, w/atch. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. FBI Report. 

Exhibit D. Letter, AFBCMR, dated 9 Aug 11. 

Exhibit E. Letter, Applicant, not dated, w/atchs.