Search Decisions

Decision Text

AF | BCMR | CY1999 | 9802702
Original file (9802702.doc) Auto-classification: Denied




                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-02702
            INDEX CODE:  100, 110

            COUNSEL:  None

            HEARING DESIRED:  No

Applicant requests  that  his  general,  under  honorable  conditions,
discharge  be  upgraded  to  honorable  and  that   his   reenlistment
eligibility (Re) code of 2B (Misconduct-Pattern of Minor  Disciplinary
Infractions)  be  changed  to  allow  him  to  reenlist.   Applicant's
submission is at Exhibit A.

Pursuant to the Board’s request, the Federal Bureau  of  Investigation
(FBI), Clarksburg, West Virginia,  provided  an  investigative  report
which is attached at Exhibit C.

The appropriate Air Force  office  evaluated  applicant's  request  to
change his RE code and provided  an  advisory  opinion  to  the  Board
recommending the application be  denied  (Exhibit  D).   The  advisory
opinion was  forwarded  to  the  applicant  for  review  and  response
(Exhibit E).  Applicant's response  to  the  advisory  opinion  is  at
Exhibit F.  The appropriate Air  Force  office  evaluated  applicant’s
request to upgrade his discharge and provided an advisory  opinion  to
the Board recommending the application  be  denied  (Exhibit G).   The
advisory opinion  was  forwarded  to  the  applicant  for  review  and
response (Exhibit H).  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 opinions 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 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. Grover L. Dunn, and
Mr. E. David Hoard  considered  this  application  on  6 May  1999  in
accordance with the provisions of Air Force Instruction  36-2603,  and
the governing statute, 10, U.S.C. 1552.



                                        DAVID C. VAN GASBECK
                                  Panel Chair
Exhibits:

A.  Applicant's DD Form 149
B.  Available Master Personnel Records
C.  FBI Report
D.  Advisory Opinion
E.  AFBCMR Ltr Forwarding Advisory Opinion
F.  Applicant's Response
G.  Advisory Opinion
H.  AFBCMR Ltr Forwarding Advisory Opinion

Similar Decisions

  • AF | BCMR | CY1998 | 9802702

    Original file (9802702.doc) Auto-classification: Denied

    Applicant's submission is at Exhibit A. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit C. The appropriate Air Force office evaluated applicant's request to change his RE code and provided an advisory opinion to the Board recommending the application be denied (Exhibit D). The advisory opinion was forwarded to the applicant for review and response (Exhibit E). Applicant's...

  • AF | BCMR | CY1999 | 9802415

    Original file (9802415.doc) Auto-classification: Denied

    Counsel’s response to the advisory opinions 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. Therefore, the request for a hearing is not favorably considered. Members of the Board Mr. David C. Van Gasbeck, Mr. Grover L. Dunn, and Mr. E. David Hoard considered this application 10 May 1999 in accordance with the provisions of Air Force Instruction...

  • AF | BCMR | CY1999 | 9803282

    Original file (9803282.doc) Auto-classification: Denied

    Counsel’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. Therefore, the request for a hearing is not favorably considered. Members of the Board Mr. David C. Van Gasbeck, Mr. Grover L. Dunn, and Mr. John E. Pettit considered this application on 9 September 1999 in accordance with the provisions of Air Force Instruction...

  • AF | BCMR | CY2001 | 9102260

    Original file (9102260.doc) Auto-classification: Denied

    A complete copy of the Record of Proceedings is attached at Exhibit F. On 25 September 2000, applicant submitted additional documentation and requested reconsideration. (Exhibit G). We also find insufficient evidence to warrant a recommendation that the discharge be upgraded on the basis of clemency.

  • AF | BCMR | CY2001 | 0003403

    Original file (0003403.doc) Auto-classification: Denied

    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.

  • AF | BCMR | CY2001 | 0003388

    Original file (0003388.doc) Auto-classification: Denied

    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 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.

  • AF | BCMR | CY2001 | 0003298

    Original file (0003298.doc) Auto-classification: Denied

    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). The facts and opinions stated in the advisory opinion appear to be based on the evidence of record and have not been rebutted by applicant.

  • AF | BCMR | CY2001 | 0003065

    Original file (0003065.doc) Auto-classification: Denied

    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). The facts and opinions stated in the advisory opinion appear to be based on the evidence of record and have not been rebutted by applicant.

  • AF | BCMR | CY2003 | BC-2003-02213

    Original file (BC-2003-02213.doc) Auto-classification: Denied

    The applicant, while serving in the grade of Airman First Class, was separated from the Air Force under other than honorable conditions (UOTHC) on 27 May 1977. His SPD reveals separation under the provisions of AFR 39-12, Section F, Request for Discharge in Lieu of Trial by Courts-Martial. Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, provided an investigative report which is attached at Exhibit...

  • AF | BCMR | CY2000 | 9603595

    Original file (9603595.doc) Auto-classification: Denied

    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). The facts and opinions stated in the advisory opinion appear to be based on the evidence of record and have not been rebutted by applicant.