Search Decisions

Decision Text

AF | BCMR | CY1999 | 9901215A
Original file (9901215A.doc) Auto-classification: Denied

                                 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.  After reviewing applicant’s request, the  Board  noted  that
since applicant’s records were destroyed by the fire  in  1973,  there
were no records to be reviewed.  In addition, applicant did not submit
any  documentation  revealing  the  circumstances  of  his  discharge.
Therefore, the Board  concluded  that  based  on  the  presumption  of
regularity in the conduct  of  government  affairs,  that  applicant’s
discharge was proper and in compliance with appropriate directives.  A
complete copy of the Record of Proceedings is attached at Exhibit B.

Applicant submitted additional information dated 29 September 1999 and
requested reconsideration of his application (Exhibit C).  The request
for reconsideration was approved and his case has been reopened.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Washington, D.C., provided an investigative report which  is  attached
at Exhibit D.

THE BOARD CONCLUDES THAT:

1.    After thoroughly reviewing the new documentation, we again  find
no impropriety in the characterization of applicant's  discharge.   It
appears that responsible officials applied  appropriate  standards  in
effecting the separation, and we do not find persuasive evidence  that
pertinent regulations were violated or that applicant was not afforded
all the rights to  which  entitled  at  the  time  of  discharge.   We
conclude, therefore, that the discharge proceedings  were  proper  and
characterization of the discharge  was  appropriate  to  the  existing
circumstances.

2.    Additionally, we also find insufficient evidence  to  warrant  a
recommendation  that  the  discharge  be  upgraded  on  the  basis  of
clemency.  We have considered applicant's apparent overall quality  of
service and available evidence related to post-service activities  and
accomplishments.   While  we  commend  applicant   on   his   apparent
accomplishments since his discharge from active duty the Air Force, we
are not persuaded that clemency is  warranted  based  on  the  current
evidence of record.

3.    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 14 December 1999, under the provisions of AFI 36-
2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Mr. Mike Novel, Member
                 Mr. Philip Sheuerman, Member

The following documentary evidence was considered:

      Exhibit B. ROP, dated 18 Aug 99, w/atchs.
      Exhibit C. Letter, Counsel, dated 29 Sep 99, w/atchs.
      Exhibit D. FBI Report.




      CHARLENE M. BRADLEY
      Panel Chair

Similar Decisions

  • AF | BCMR | CY1999 | 9901289

    Original file (9901289.doc) Auto-classification: Approved

    ___________________________________________________________________ AIR FORCE EVALUATION: The Separations Branch, AFPC/DPPRS, reviewed this application and recommended upgrading the discharge to general on the basis of clemency, provided a check of FBI files proves negative. ___________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that, on 7...

  • AF | BCMR | CY1999 | 9900751

    Original file (9900751.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NO: 99-00751 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to general. Exhibit B. CHARLENE M. BRADLEY Panel Chair AFBCMR 99-00751 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of...

  • AF | BCMR | CY1999 | 9901268

    Original file (9901268.doc) Auto-classification: Approved

    The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force. Although there is no indication in the evidence provided that the applicant’s service characterization was erroneous or unjust at the time he was separated, it is our opinion that the evidence provided is sufficient to warrant the approval of the requested relief based on clemency. We therefore recommend that...

  • AF | BCMR | CY1999 | 9801927

    Original file (9801927.doc) Auto-classification: Approved

    A complete copy of the Record of Proceedings is attached at Exhibit D. In a letter dated 20 July 1999, applicant requests reconsideration in light of the supporting statement from the Reserve Advisor to DCS Operations, HQ USAF/XO-ARC. Based on the Reserve Advisor’s supporting statement, it appears that the request for his accelerated promotion to LTC was faxed to ARPC in sufficient time to be processed for the 30 October 1997 DOR. The following documentary evidence was considered: Exhibit...

  • AF | BCMR | CY2005 | BC-1999-00371-2

    Original file (BC-1999-00371-2.DOC) Auto-classification: Denied

    We concluded that the applicant had not provided sufficient evidence of error or injustice to warrant corrective action. In the absence of an official promotion score notice, we are not convinced that he should be promoted to the grade of master sergeant. ___________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application...

  • AF | BCMR | CY2000 | 9903296

    Original file (9903296.doc) Auto-classification: Denied

    We conclude, therefore, that the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances. We also find insufficient evidence to warrant a recommendation that the discharge be upgraded on the basis of clemency. Exhibit B.

  • AF | BCMR | CY1999 | 9900220A

    Original file (9900220A.doc) Auto-classification: Denied

    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 | CY2007 | BC-1987-02223-2

    Original file (BC-1987-02223-2.doc) Auto-classification: Denied

    ________________________________________________________________ RESUME OF CASE: The applicant submitted a similar request dated 14 May 87. b) He admitted to smoking marijuana on at least 12 occasions during 1966 and 1967. c) In Nov 66, he sold marijuana to another airman on different occasions receiving $12 from the other airman for each sale. ________________________________________________________________ The following members of the Board considered this application in...

  • AF | BCMR | CY2007 | BC-2007-00692

    Original file (BC-2007-00692.doc) Auto-classification: Denied

    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 | CY2000 | 9901084

    Original file (9901084.doc) Auto-classification: Approved

    Accordingly, we find that corrective action is appropriate as a matter of equity and on the basis of clemency and recommend the discharge be upgraded to honorable. Exhibit B. CHARLENE M. BRADLEY Panel Chair AFBCMR 99-01084 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...