AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
DOCKET NUMBER: 97-02689 JUL 2 4 1998
COUNSEL: NONE
HEARING DESIRED: YES
Applicant requests that the original decision of his court-
martial be reevaluated. Applicant's submission is at Exhibit A .
Pursuant to the Board's request, the Federal Bureau of
Investigation (FBI), Washington, D.C., provided an investigative
report which is attached at Exhibit C.
The appropriate Air Force office evaluated applicant's request
and provided an advisory opinion to the Board recommending the
application be denied (Exhibit D). Applicant's response to the
advisory opinion is at Exhibit F.
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 adequately rebutted 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 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 issues involved.
Therefore, the request for a hearing is not favorably considered.
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 Ms. Charlene M. Bradley, Dr. Gerald B .
Kauvar, and Ms. Patricia D. Vestal considered this application on
30 Jun 98 in accordance with the provisions of Air Force
Instruction 36-2603 and the governing statute, 10 U.S.C. 1552. u
CHARLENE M. an.* BRADLEY
Panel Chair
c/
Exhibits :
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. FBI Report
D. Advisory Opinion
E.
F. Applicant's Response
SAF/MIBR Ltr Forwarding Advisory Opinion
The applicant, while serving in the grade of airman, was discharged from the Air Force on 13 May 1981 under the provisions of AFM 39-12 (Misocnduct- Drug Abuse - Board), with an undesirable discharge. In this case, the applicant provided no facts warranting an upgrade of the discharge he received. Therefore, we agree with opinions and recommendation of the Air Force and adopt their rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.
ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 99-01215 INDEX CODE: 106.00 COUNSEL: Todd A. McConaghy HEARING DESIRED: Yes RESUME OF CASE: In an application dated 3 June 1999, applicant requested that his undesirable discharge be upgraded to honorable. On 17 August 1999, the Board considered and denied applicant’s request. We conclude, therefore, that the discharge proceedings were proper and characterization of the...
AF | BCMR | CY2008 | BC-2007-02038
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02038 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. A copy of the FBI report was forwarded to the applicant on 17 October 2007 for review and response within 30 days (See Exhibit D). We considered...
AF | BCMR | CY2008 | BC-2008-00779
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00779 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to general. On 17 Apr 08, a request for post-service information was forwarded to the applicant for response within 30 days (Exhibit D). ...
AF | BCMR | CY2003 | BC-2003-02627
However, as of this date, this office has received no response. After thoroughly reviewing the evidence of record and noting the applicant’s complete submission, we find no evidence of error or injustice. We also find insufficient evidence to warrant a recommendation that the discharge be upgraded on the basis of clemency.
AF | BCMR | CY2007 | BC-2007-00692
He served four years on active duty with 106 days lost time. We also considered upgrading his discharge based on clemency; however, noting his apparent misconduct following his discharge as indicated on the FBI report, we do not believe a recommendation that the characterization of his discharge be upgraded on that basis is warranted. Exhibit B. Applicant’s Available Master Personnel Records.
AF | BCMR | CY2008 | BC-2008-01005
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-01005 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable discharge. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence...
Applicant’s request is at Exhibit A. ___________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that 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. Exhibit E. Letter,...
AF | BCMR | CY2006 | BC-2004-01792
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01792 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY COMPLETION DATE: 5 DECEMBER 2006 ________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded. In his undated response to our request for post-service information, the applicant provided a personal statement and a Metro Lift application (Exhibit...
On 9 August 1985, the Air Force Discharge Review Board (AFDRB) considered and denied an application submitted by applicant requesting upgrade of his discharge (see AFDRB Hearing Record at Exhibit C). The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit F). Applicant's response to the advisory opinion is at Exhibit H. After careful consideration of applicant's request and the...