RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02790 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

At the time the discharge was given it was justly due. Since 
being discharged in 1983, he has been an outstanding citizen and 
desires his discharge upgraded. 

 

The applicant provides no documentation in support of his appeal. 

 

The applicant's complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 12 August 
1981. 

 

The applicant was notified by his commander of his intent to 
recommend his discharge from the Air Force under the provisions 
of AFR 39-10. The specific reasons were as follows: 

 

 a. On 13 February 1982 and 26 February 1982, the applicant 
caused a public disturbance and used vulgar language in a public 
place. For this misconduct he received a Letter of Reprimand 
(LOR). 

 

 b. On 23 February 1982, the applicant assaulted an airman by 
threatening him with a knife. For this misconduct he received 
nonjudicial punishment. 

 

 c. On 8 December 1982, the applicant failed to report to his 
place of duty at the prescribed time and was derelict in the 
performance of his duty. For this misconduct he received 
nonjudicial punishment. 

 

 


 d. On 13 December 1982, the applicant failed to maintain his 
dormitory room in clean and satisfactory condition. For this 
misconduct he received an LOR. 

 

He was advised of his rights in this matter and after consulting 
with counsel he elected to submit a statement on his own behalf. 
A legal review was conducted of the case file, and the case was 
found legally sufficient and a general discharge was recommended. 
The discharge authority concurred with the recommendation and 
directed a general discharge. The applicant was discharged on 
14 February 1983. He served 1 year, 6 months and 3 days on 
active duty. He received a reenlistment (RE) code of 2B - 
“Separated with a general or under other than honorable 
conditions (UOTHC) discharge.” 

 

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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, the applicant 
provides no evidence concerning his post-service activities 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 the evidence presented did not 
demonstrate the existence of an 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-2011-02790 in Executive Session on 23 February 2012, 
under the provisions of AFI 36-2603: 

 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-02790 was considered: 

 

 Exhibit A. DD Form 149, dated 30 June 2011. 

 Exhibit B. Applicant’s Master Personnel Records. 

 

 

 

 

 

 

 Panel Chair