RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-00289
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His discharge be upgraded from general to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His ability to serve was severely impaired by clinical depression and
by family hardship.
In support of the appeal, applicant submits a statement commenting on
the issues listed in the AFDRB package, and a copy of his Compensation
and Pension Exam Report giving the results of the examination taken
for mental disorders. In addition, he submits a statement and a copy
of the Department of Veterans Affairs’ decision made on his
compensation claim.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant’s military records, are contained in the Brief prepared by
an Examiner for the Air Force Discharge Review Board (AFDRB).
Accordingly, there is no need to recite these facts in this Record of
Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
On 30 January 1995, applicant’s request for an upgrade of discharge
and change of reason for discharge were denied by the AFDRB.
A complete copy of the AFDRB brief is at 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 probable error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the decision of the AFDRB and adopt their
rationale as the basis for our conclusion that the applicant has not
been the victim of an error or injustice. Therefore, in the absence
of evidence to the contrary, we find no compelling basis to recommend
granting the relief sought in this application.
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(s) involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 27 May 1999, under the provisions of AFI 36-2603:
Mr. Douglas J. Heady, Panel Chair
Dr. Gerald B. Kauvar, Member
Ms. Peggy E. Gordon, Member
Ms. Phyllis L. Spence, Examiner (without vote)
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Jan 97, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. AFDRB Brief.
DOUGLAS J. HEADY
Panel Chair
AF | BCMR | CY1999 | BC-1998-00289
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-00289 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His discharge be upgraded from general to honorable. A complete copy of the AFDRB brief is at Exhibit C. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. ...
The Air Force Discharge Review Board (AFDRB) denied applicant's request on 30 September 1999. The AFDRB brief was forwarded to the applicant for review and response (Exhibit D).) 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 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). Applicant’s response is at Exhibit E. 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.
Therefore, a majority of the Board recommends her discharge be upgraded to honorable. Exhibit D. FBI Report, dated 14 Aug 98. DOUGLAS J. HEADY Panel Chair INDEX CODE: 100, 110 AFBCMR 98-01562 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The pertinent military records of the Department of...
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). 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.
A complete copy of the Report of Proceedings is attached at Exhibit E. In a letter dated 22 August 1998, applicant stated the following: “On my DD214 it states the reason for my discharge was due to a Court Martial. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion 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...
8 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 5 IN THE MATTER OF: DOCKET NUMBER: 98-01442 COUNSEL: NONE AUG 2 4 W8 HEARING DESIRED: NO c I. b )P honorable. On 1 Mar 94, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant's request that his general discharge be upgraded to honorable. The Board staff is directed to inform applicant of this decision.
The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit C). The advisory opinions were forwarded to the applicant for review and response (Exhibit D). Applicant's response to the advisory opinions is at Exhibit E. 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 appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit C). The advisory opinions were forwarded to the applicant for review and response (Exhibit D). Therefore, the request for a hearing is not favorably considered.
In his response to the advisory opinion, applicant withdrew his request for the Air Medal (Exhibit E). 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).