i:
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
DOCKET NUMBER: 9 7 - 0 1 5 5 6
COUNSEL: NONE
HEARING DESIRED: NO
; 1
Applicant requests that his under other than honorable conditions
(UOTHC) discharge be upgraded to honorable.
Applicant's
submission is at Exhibit A.
On 28 Oct 92, the Air Force Discharge Review Board (AFDRB)
considered and denied the applicant I s request for upgrade of his
UOTHC discharge to honorable (Exhibit B).
The appropriate Air Force office evaluated applicant's request
and provided an advisory opinion to the Board recommending the
application be denied (Exhibit C). The advisory opinion was
forwarded to the applicant for review and response (Exhibit D).
As of this date, no response has been received by this office.
After careful consideration of applicant's request and the
available evidence of record, we find insufficient evidence of
error or injustice to warrant corrective action. The facts and
opinions stated in the advisory opinion appear to be based on the
evidence of record and have not been rebuttd by applicant.
Absent persuasive evidence applicant was denied rights to which
entitled, appropriate regulations were not followed, or
appropriate standards were not applied, we find no basis to
disturb the existing record.
Accordingly, applicant's request is denied.
The Board staff is directed to inform applicant of this decision.
Applicant should also be informed that this decision is final and
will only be reconsidered upon the presentation of new relevant
evidence which was not reasonably available at the time the
application was filed.
Members of the Board Mr. David C. Van Gasbeck, Mr. Michael P.
Higgins, and Mr. Patrick R. Wheeler considered this application
on 13 Nov 97 in accordance with the provisions of Air Force
Instruction 3 6 - 2 6 0 3 and the governing statute, 10 U.S.C. 1552.
Exhibits :
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. Advisory Opinions
D.
E. Applicant's Response
SAF/MIBR Ltr Forwarding Advisory Opinions
..
D E P A R T M E N T OF THE A I R FORCE
H E A D Q U A R T E R S A I R F O R C E P E R S O N N E L C E N T E R
R A N D O L P H A I R F O R C E B A S E T E X A S
U2S. AfIR FORCE
JUN 2 : 7997
1 9 J T - 1 9 9 7
MEMORANDUM FOR AFBCMR
FROM: HQ AFPC/DPPRP
550 C Street West Ste 11
Randolph AFB TX 78 150-471 3
T: Application for Correction of Military Records -
The applicant. while serving in the grade of master sergeant, was discharged from the Ak
Force 19 Oct 90 under the provisions of AFR 39-10 (Vol Request in lieu of Trial by Court
Martial) with an other than honorable conditions discharge. He served 15 years 1 1 months and 12
days total active service.
Requested Action. The applicant is requesting an upgrade of his discharge to honorable-
Basis for Request. Applicant claims that his under other honorable conditions was unjust
because it only reflects the last few months of his service history when he made a mistake m his
life. That this decision has totally erased the 15 years of honorable, dedicated and meritorious
service he gave to the Air Force.
Facts. The applicant was initially investigated for possible wrongful use of cocaine after he
refused a lawful order of his commander to submit to a drug urinalysis test. Charges alleging
those violations of the UCMJ were preferred on 21 Jun 90 and referred to trial by general court
martial on 11 Jul90. Subsequently, the applicant was arrested and charged by civilian
authorities for possession with intent to distribute cocaine. Based upon this information, a
M e r investigation was conducted by Air Force authorities. This investigation resulted in
additional “wrongfbl use of cocaine” charges being preferred on 6 Sep 90 and referred to trail by
general court martial. The applicant requested discharge in lieu of general court martial on 12
Sep 90. Because the Art 32, UCMJ, investigation had been forwarded to the numbered Air
Force, the GCM authority, the applicant’s request for discharge had to be forwarded to the GCM
authority for a decision. On 1 1 Oct 90, the GCM authority approved the request for discharge in
lieu of court martial and directed that the applicant be given a discharge under other than
honorable conditions.
Discussion. This case has been reviewed for separation processing and there are no errors or
irregularities causing an injustice to the applicant. The discharge complies with directives in
effect at the time of his discharge. Records indicate member’s military service was reviewed and
appropriate action was taken.
Recommendation. The discharge was consistent with the procedural and substantive
requirements of the discharge regulation and the applicant was provided full administrative due
process. Applicant did not identify any specific errors in the separation processing nor provide
facts which warrant an upgrade of his discharge. Accordingly, we recommend applicant’s
request be denied. He has not filed a timely request.
c, JOHN C. WOOTEN, GS-9
Military Personnel Mgmt Spec
Programs and Procedures Branch
Dir of Personnel Program Management
AF | DRB | CY2001 | FD01-00048
-- Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD FD-01-00048 (Former SRA) 1. d. AFR 39-10, Chapter 4 , para 4- 2 states "Customarily the service of an airman discharged under this provision will be d as under other than honorable conditions.Il SrA s being discharged in lieu of a court-martial because f marijuana in blatant disregard of Air Force policy. If discharged, the respondent should receive an under other than honorable...
AF | DRB | CY2001 | FD01-00045
The characterization of the discharge received by the applicant was found to be appropriate. (Change Discharge to Honorable and Change the Reason and Authority for Disch) Issue 1: The Undesireable Discharge is not proper due to the fact that i did not use drugs or sell drugs or possess drugs at anytime during my enlistment. I am recommending your discharge from the United States Air Force for fraudulent entry.
AF | DRB | CY2004 | FD2004-00141
ISSUES: Applicant was recommended for discharge based on both drug abuse and misconduct; the records indicated the applicant received five Letters of Counseling (LOCs) for being late to work, and a commander- directed urinalysis was returned positive for the presence of cocaine. Member exercised his right to an administrative discharge board and the board found that member was late to work five times and did wrongfully use cocaine. SrA-(APR Indicates): 14 Jun 85-21 Dec 85.
AF | DRB | CY2001 | FD01-00043
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE GENERAL: The applicant appeals for upgrade of discharge to Honor&e:- CASE NUMBER FDO1-00043 I . Two SSgt's and 1 Sgt., whose statements were submitted but not Issue 7: M y command abused it's authority when it decided to discharge me I was told by my commanding lieutenant an decided' to give me a bad discharge. I am recommending your discharge from the United States Air Force for Misconduct - - Minor Disciplinary Infractions.
AF | DRB | CY2003 | FD2002-0487
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD02-0487 GENERAL: The applicant appeals for upgrade of discharge to Honorable. 4, 14 Dec 89) SGT - 2 6 Jun 8 9 (Article 1 5 , 2 6 Jun 89) c. Time Lost: 46 Days (1 O c t - 5 Oct 89 & 10 Oct-19 Nov 89) d. Art 15's: (1) 26 Jun 89, Nellis AFB, NV - Article 111. at Nellis Air Force Base, Nevada, on or about 9 June 1889, operate a vehicle, to w i t : a piqkup truck, while drunk, as evidenced by an Article 15 dated 26 Jpne IQ&Q,...
However, a WD AGO Form 24A (Service Record) has recorded a Summary Court Martial Order Number 19 for conviction for being AWOL for the period 17 Jan 50 to about 27 Jan 50 which resulted in a sentence to confinement at hard labor and forfeiture of$50.00 pay. He has not filed a timely request. Applicant alleges that he was never convicted of a criminal offense, and that the 103 days of lost time on his DD Form 2 14 are incorrect.
AF | DRB | CY2006 | FD2005-00466
SrA Ramos was an NCO at the time of he smoked hashish and deserves the worst service characterization reasonably available. RECOMMENDATION: Accept the request for discharge in lieu of trial by sf~~i~~.-4tc.h,?,Ai.ec!gr~hg.the.-xe~.~ondent with a uOTHC= ,-..-. Caae File CC: 435 TAW/JA w/o Atchs DEPARTMENT OF THE AIR FORCE HEADQUARTERS 436TH TACTICAL AIRLIFT WINO (MAC) APO NEW YORK 09097-5000 REPLY TO ATTN OF: CC SUBJECT: Request for Discharge in Liau of Trial by Court-Martial, SrA...
AF | DRB | CY2006 | FD2004-00081
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 7 GRADE 1 AB I I . CONCLUSIONS: The Discharge Review Board concluded that the applicant's punitive discharge by Special Court-Martial is appropriate undcr the facts and circumstances of this case and there is insufficient basis, as an act of clemency, for change of discharge. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH AlC) MISSING MEDICAL RECORDS 1.
AF | DRB | CY2003 | FD2002-0365
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | b:9992-0365 GENERAL: The applicant appeals for upgrade of discharge to Honorable. b. Grade Status: A1C - 29 Aug 89 (Article 15, 29 Aug 89) SrA - 25 Feb 89 Alc - 25 Feb 87 Amn - 25 Aug 86 c. Time Lost: None. | Wright-Patterson AFB, Ohio 25 Feb 86 7.
AF | DRB | CY2006 | FD2006-00180
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