ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1984-00192
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
STATEMENT OF FACTS:
On 24 Apr 84, the Board considered and denied the applicants
request to upgrade his general (under honorable conditions)
discharge to honorable. For an accounting of the facts
surrounding his previous request and the rationale of the Boards
earlier decision, see the Record of Proceedings at Exhibit E.
By DD Form 149, Application for Correction of Military Record
Under the Provisions of Title 10 U.S. Code, Section 1552, dated
4 Jul 86, the applicant requested his general (under honorable
conditions) discharge be upgraded and his RE code be changed. On
22 Aug 86, the applicant was advised that his request did not meet
the criterion for reconsideration by the Board.
By DD Form 149, dated 15 Apr 14, the applicant submitted another
request for reconsideration. In this request, the applicant
states that on 16 May 77, pursuant to his request for executive
clemency, his civil court conviction (9 May 77) for distribution
of marijuana was dismissed with prejudice and he was ordered to
pay a $500 fine. On this same date, the Governors Pardon and
Parole committee, and the Secretary of the Corrections Department,
granted him a full pardon and restoration of rights by the state
of New Mexico, the issuance of a concealed handgun license, and
Global Entry Status was granted by the Ombudsman Office of the
Department of Homeland Security.
In support of his request for clemency, the applicant provides a
personal statement, copies of his DD Form 214, Report of
Separation from Active Duty, Certificate of Pardon and Restoration
of Citizenship certificate, court order, memorandums, and various
other documents in support of his request.
The applicants complete submission, with attachments is at
Exhibit F.
THE BOARD CONCLUDES THAT:
1. In an earlier finding, the Board determined that there was
insufficient evidence to warrant any corrective action regarding
the applicants request for upgrade of his general (under
honorable conditions) discharge to honorable. After careful
reconsideration of his request and thoroughly reviewing his most
recent submission, we do not find it sufficiently persuasive to
warrant a revision of the Boards earlier determination in this
case. In the interest of justice we considered upgrading the
discharge based on clemency; however, we do not find the evidence
presented, to include the governors pardon or that he was issued
a concealed handgun license sufficient to recommend granting the
relief sought on that basis. Accordingly, we find no basis to act
favorable on his request for upgrade of his general (under
honorable conditions) discharge.
2. The applicants 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(s) 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.
The following members of the Board considered AFBCMR Docket Number
BC-1984-00192 in Executive Session on 12 Mar 15, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 21 Oct 70, w/atch.
Exhibit F. DD Form 149, dated 15 Apr 14, w/atchs.
AF | BCMR | CY2004 | BC-1985-03480B
SECOND ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-1985-03480 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: In the applicant’s request for reconsideration, he requests that his undesirable discharge be upgraded to general. On 23 February 1985, the applicant submitted an application requesting that his undesirable...
AF | BCMR | CY2013 | BC 2013 00427
On 22 Sep 98, the Air Force Discharge Review Board (AFDRB) considered the applicants petition to upgrade his discharge to honorable, reason for discharge, and reenlistment (RE) code. For these reasons, this Board very carefully weighs requests to upgrade the character of a discharge and, in doing so, carefully considers whether the impact of an applicants contributions to his or her community are substantial enough for us to conclude they overcome the misconduct for which he was...
AF | BCMR | CY1993 | BC 1993 06022 1
For an accounting of the facts and circumstances surrounding the applicants discharge, and the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit F. In a new DD Form 149, dated 9 Sep 09, the applicant requests reconsideration based on clemency. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2003-06022 in Executive Session on 8 Jun 10, under the provisions of AFI...
AF | BCMR | CY2011 | BC-2011-02842
In the absence of any information from the applicant documenting his activities since leaving the service, we are not inclined to favorably consider his request for an honorable discharge. As to the applicants request to be reinstated to the rank of Sergeant, he has provided no evidence indicating his rank was incorrect at the time of his discharge. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department...
ARMY | BCMR | CY2009 | 20090009227
The applicant requests, in effect, that his discharge under other than honorable conditions be upgraded to an honorable or general discharge. The applicant essentially states that he was arrested and convicted of first degree armed robbery in 1977 in the State of Washington, but since that time he has no criminal history. However, the applicant was not awarded a personal decoration which might have warranted a general discharge, and his record of misconduct so far outweighs his record of...
AF | BCMR | CY2011 | BC-2011-00126
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00126 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ), be set aside or remedial alternatives be implemented to set-aside the punishment. _________________________________________________________________ APPLICANT...
AF | BCMR | CY2010 | BC-2010-02422
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02422 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. The discharge authority concurred and the applicant was discharged on 10 Feb 83 with a UOTHC discharge. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military...
AF | BCMR | CY2004 | BC-2004-00165
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00165 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His separation code of “JJD - Court-Martial {Other}” be changed to “JEH.” _________________________________________________________________ THE APPLICANT CONTENDS THAT: The Presidential Pardon he received removes or eliminates all...
AF | BCMR | CY2003 | BC-1996-02738A
ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 96-02738 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: In the applicant’s request for reconsideration, he requests his bad conduct discharge (BCD) be upgraded to honorable. After reviewing the available documentation, I believe the applicant’s discharge should be upgraded on the...
AF | BCMR | CY2008 | BC-2005-02810
His records be corrected to reflect entitlement to the Combat Readiness Medal (CRM) and the Basic Military Training Honor Graduate Ribbon (BMTHGR). He is determined to pursue a military career with the ARNG, and would like to demonstrate to them that his service in the USAF was ultimately considered honorable. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial of the applicant’s request for award of the CRM and BMTHGR.