RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-01723 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His official records be corrected to update his General (Under 
Honorable Conditions) discharge to Honorable. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His General discharge was unfair because he was a juvenile both 
when he was arrested and fraudulently enlisted. 

 

The applicant’s complete submission is at Exhibit A. 

 

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STATEMENT OF FACTS: 

 

The applicant entered the Air Force on 30 Jul 85. 

 

On 30 May 86, the applicant’s commander notified the applicant 
he was recommending his discharge for fraudulent entry. The 
commander’s reasons for taking this action were: 

 

 a. On 22 Apr 85, during his initial entry process, the 
applicant made a deliberate misrepresentation and concealed 
facts that if known at the time of enlistment might have 
resulted in rejection of his enlistment application. 

 

 b. On 22 Apr 85, the applicant signed a prepared 
Department of Defense personnel security questionnaire stating 
that he had never been arrested, charged, or cited by federal, 
state, or other law enforcement or juvenile authorities. 

 

 c. On 4 Feb 84, the applicant had been arrested for theft 
by shoplifting and on 8 Sep 84, the applicant had been arrested 
for theft and obstruction (resisting arrest). 

 

On 30 May 85, the applicant’s commander recommended him for 
discharge. 

 


On 23 Jun 86, the case was found to be legally sufficient and, 
on 11 Jul 86, the discharge authority directed the applicant be 
furnished a General Discharge without being offered probation or 
rehabilitation. 

 

On 21 Jul 86, the applicant was furnished a General (Under 
Honorable Conditions) discharge for defective enlistment—
fraudulent entry. 

 

On 18 Oct 90, a Discharge Review Board (DRB) met to consider the 
applicant’s request to upgrade his discharge to Honorable. The 
DRB denied the applicant’s request finding that neither the 
evidence of record nor that provided by the applicant 
substantiated an inequity or impropriety which would justify a 
change or discharge. 

 

On 1 Oct 12, a request for post-service information was 
forwarded to the applicant for review and comment within 
30 days. As of this date, no response has been received by this 
office (Exhibit C). 

 

________________________________________________________________ 

 

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 an error or injustice. We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we do not find the documentation 
presented sufficient to conclude the applicant has been the 
victim of an error or injustice. Based on the available 
evidence of record, it appears the applicant’s General (Under 
Honorable Conditions) discharge for defective enlistment—
fraudulent entry was consistent with the substantive 
requirements of the discharge regulation and within the 
discharge authority’s discretion. He has provided no evidence 
which would lead us to believe otherwise. In the interest of 
justice, we considered upgrading his discharge on the basis of 
clemency; however, in the absence of any evidence for us to 
consider in determining whether his post-service, we are not 
inclined to grant the relief sought on that basis. Therefore, 
in the absence of evidence to the contrary, we conclude that no 
basis exists for us to recommend granting the relief sought in 
this application. 

 

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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 AFBCMR Docket 
Number BC-2012-01723 in Executive Session on 17 Jan 13, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 1 May 12. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFBCMR, dated 1 Oct 12. 

 

 

 

 

 

 Panel Chair