RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04336 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. He was discharged because he was ordered not to have contact 
with his future spouse. 

 

2. There was no adultery or allegations; however, the ex-spouse 
was bothering command, so he was given a no contact order. 

 

3. He is respected in the community and is a member of the law 
enforcement community. 

 

The applicant did not provide any documentation in support of 
his request. 

 

The applicant's complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 8 Mar 85, the applicant entered the Regular Air Force. 

 

On 12 Jun 89, the applicant, while attending the noncommissioned 
officer (NCO) leadership school missed a 2300 hour curfew and 
was dismissed from school. For this misconduct, he received a 
letter of reprimand (LOR). 

 

From 1 Jun to 31 Jul 89, the applicant engaged in conduct 
unbecoming an NCO. For this misconduct, he received a LOR, was 
placed on the control roster and his NCO status was vacated. 

 

On 11 Sep 89, the applicant failed to attend a scheduled safety 
briefing. For this misconduct, he received a letter of 
counseling. 

 

On 20 Apr 90, the applicant was derelict in the performance of 
his duties when he failed to appear for out-processing for a 


temporary duty (TDY) assignment. For this misconduct, he 
received an Article 15, Uniform Code of Military Justice (UCMJ) 
and forfeiture of $250 pay per month for one month. 

 

On 26 Apr 90, the applicant reported late for work with no 
reasonable excuse. For this misconduct, he received a letter of 
counseling. 

 

On 17 May 90, the applicant was notified of his commander’s 
intent to recommend he be discharged from the Air Force under 
the provisions of AFR 39-10, Administrative Separation of 
Airmen, for minor disciplinary infractions. 

 

On 31 May 90, the applicant was served with an addendum to the 
letter of notification dated 17 May 90 as an additional basis 
for discharge. The specific reason for the additional basis for 
the proposed action was that on 12 May 90, he disobeyed a lawful 
order from his commander, when he contacted individuals who he 
had been ordered not to contact. For this misconduct, he 
received an Article 15, UCMJ, with punishment consisting of 
reduction from the grade of senior airman to the grade of airman 
basic, with a new date of rank (DOR) of 30 May 90. The 
applicant acknowledged receipt of both the original letter and 
addendum notification letter, consulted counsel and waived his 
right to submit a statement on his own behalf. 

 

On 4 Jun 90, the Staff Judge Advocate reviewed the case and 
found it legally sufficient to support separation and 
recommended that he receive a general (under honorable 
conditions) discharge without probation and rehabilitation. The 
discharge authority approved the applicant’s discharge. On 
5 Jun 90, the applicant was discharged from the Air Force with a 
general (under honorable conditions) discharge in the grade of 
airman basic. He served 5 years, 2 months and 28 days of total 
active service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigations (FBI) Clarksburg, WV, states they were unable to 
identify an arrest record on the basis of the information 
furnished. 

 

On 7 Mar 12, a request for post-service information was 
forwarded to the applicant for response within 30 days. As of 
this date, no response has been received by this office (Exhibit 
D). 

 

_________________________________________________________________ 

 

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 
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. Although we considered whether to 
recommend an upgrade of the applicant’s discharge on the basis 
of clemency in the interest of justice, we did not find the 
evidence presented is sufficient to compel us to recommend 
granting the relief sought on that basis. Therefore, in the 
absence of persuasive 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 
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 Docket Number BC-
2011-04336 in Executive Session on 22 May 12, under the 
provisions of AFI 36-2603: 

 
 

 

 

 

 

 

 

 

 

 

 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-04336 was considered: 


 

 Exhibit A. DD Form 149, dated 31 Oct 11. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. SAF/MRBC, Letter, dated 7 Mar 12.