RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03525 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

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APPLICANT REQUESTS THAT: 

 

His general discharge be upgraded to honorable. 

 

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APPLICANT CONTENDS THAT: 

 

His commanding officer told him he could apply to receive an 
honorable discharge. He needs his discharge upgraded to be 
eligible for insurance and better jobs. 

 

The applicant’s complete submission is at Exhibit A. 

 

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STATEMENT OF FACTS: 

 

On 7 May 90, the applicant enlisted in the Regular Air Force for 
a period of four years. 

 

On 19 Feb 92, the squadron commander notified the applicant of 
administrative discharge action for minor disciplinary 
infractions. For a full list of the offenses, please see the 
commander’s notification letter at Exhibit B. After consulting 
with counsel and having been advised of his rights, the 
applicant waived his right to submit statements in his own 
behalf. The staff judge advocate found the case file legally 
sufficient and recommended the applicant receive a general 
discharge without probation and rehabilitation (P&R). On 
24 Feb 92, the discharge authority approved the general 
discharge without P&R. 

 

On 26 Feb 92, the applicant was discharged by reason of 
misconduct – pattern of minor disciplinary infractions, with 
service characterized as general (under honorable conditions). 
He was credited with 1 year, 9 months, and 20 days of active 
duty service. 

 

Other relevant facts pertaining to this application, extracted 
from the applicant's military records, are at Exhibit B. 
Accordingly, there is no need to recite these facts in this 
Record of Proceedings. 

 

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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 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. Considering the 
applicant’s overall record of service, the numerous infractions 
which led to his administrative separation and the lack of post-
service documentation, we are not persuaded that an upgrade of 
the characterization of his discharge is warranted on the basis 
of clemency. Should the applicant provide additional 
information, e.g., post-service documentation to support his 
claim, we would be willing to reconsider his request. 
Therefore, in the absence of evidence to the contrary, we find 
no basis upon which to recommend granting the relief sought. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue involved. 
Therefore, the request for a hearing is not favorably 
considered. 

 

________________________________________________________________ 

 

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. 

 

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-03525 in Executive Session on 30 May 13, under 
the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 8 Jun 12. 

 Exhibit B. Applicant's Master Personnel Records.