RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-00142
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
The characterization of his discharge be upgraded from under other
than honorable conditions to an Honorable; the narrative reason
changed to Convenience of the Government; the reenlistment code (RE)
changed from 2b to RE 1 and the separation code changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or
unjust and the evidence submitted in support of the appeal are at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
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. Accordingly, there is no
need to recite these facts in this Record of Proceedings.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, provided an investigative report, which is
attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The Military Personnel Management Specialist, AFPC/DPPRS, reviewed the
application and recommended discharge upgrade to under honorable
conditions (general) if the Federal Bureau of Investigation files
proves negative. This office does not recommend a change in his
narrative reason for separation or separation/reenlistment codes since
his reason for separation as currently reflected is in accordance with
Department of Defense and Air Force Instructions. Application is not
a timely request.
A complete copy of the evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 2 March 2001, for review and response within 30 days.
However, as of this date, no response has been received by this
office.
_________________________________________________________________
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. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice regarding an upgrade of the
applicant’s discharge. After thoroughly reviewing the evidence of
record, we find no evidence has been presented which would lead us to
believe the discharge was improper or contrary to the directive under
which it was effected. Nevertheless, the Board notes that the
applicant has had to live with the stigma of the UOTHC discharge for
over 18 years. He appears to have lived as a law-abiding citizen, and
has made a successful transition to civilian life. Therefore, the
Board recommends that he receive a general (under honorable
conditions) discharge, as a matter of clemency. Applicant’s request
for a fully honorable discharge was considered, however, a review of
his overall record does not support a further upgrade.
4. Notwithstanding the above determination, insufficient relevant
evidence has been presented to demonstrate the existence of probably
error or injustice regarding the applicant’s remaining requests.
Applicant’s contentions are duly noted; however, we agree with the
opinion and recommendation of the Air Force 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 remaining relief sought in this application.
5. 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 RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that at the time of his
discharge on 14 September 1982, he was discharged with service
characterized as general (under honorable conditions).
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 10 April 2001, under the provisions of AFI 36-
2603:
Ms. Peggy E. Gordon, Panel Chair
Mr. Philip Sheuerman, Member
Mr. Michael V. Barbino, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Jan 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 9 Feb 01.
Exhibit D. FBI Report, dated 21 Feb 01.
Exhibit D. Letter, SAF/MIBR, dated 2 Mar 01.
PEGGY E. GORDON
Panel Chair
AFBCMR 01-00142
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 Air
Force relating to APPLICANT, be corrected to show that at the time of
his discharge on 14 September 1982, he was discharged with service
characterized as general (under honorable conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
On 6 Feb 58, the commander recommended the applicant be discharged from the Air Force under the provisions of AFR 39-22 (Conviction by Civil Court) with an undesirable discharge. Considering that the discharge occurred over 43 years ago and the type of offense committed by the applicant, the appropriate office of the Air Force has indicated that they would recommend clemency if a check of the FBI files proves negative. Exhibit E. Letter, SAF/MRBR, dated 2 Nov 01.
The applicant states that he had no previous record of drug problems, only this one positive random test result for marijuana. A complete copy of the Air Force evaluation is attached at Exhibit C. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: The applicant states that since his discharge he has been employed at Northrop Grumman for 17 years, is married, with four children, and has no criminal record. We also find insufficient...
AF | BCMR | CY2002 | BC-2002-02312
The applicant was disrespectful to the 831st Air Division Commander on 19 October 1982, in that he did not render proper military courtesies when he was stopped for speeding as evidenced by a Letter of Reprimand (LOR), dated 17 November 1982. b. 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...
AF | BCMR | CY2002 | BC-2002-01471
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01471 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable (under other than honorable conditions) discharge be upgraded to honorable. After thoroughly reviewing the evidence of record and noting the applicant’s complete submission, a majority of the Board found no evidence of error or injustice. ...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-00349 INDEX CODE: 110.00 APPLICANT COUNSEL: None SSN HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His discharge be upgraded to honorable. _________________________________________________________________ AIR FORCE EVALUATION: The Separations Branch, Directorate of Personnel Program Mgmt, AFPC/DPPRS, reviewed the...
He recommended that applicant be discharged from the service. A complete copy of the evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant indicated that he is now retired and a member of the American Legion. Exhibit E. Letter, SAF/MRBR, dated 15 Mar 02, w/atchs.
On 7 September 1983, applicant received an Article 15 for wrongfully having in his possession, and using, some quantity of marijuana on or about 4 August 1983, with imposed punishment as reduction in grade to airman, with a new date of rank 7 September 1983, and ordered to forfeit $100.00. Pursuant to the Board's request, the Federal Bureau of Investigation, Washington, D.C., provided an investigative report which is attached at Exhibit...
AF | BCMR | CY2003 | BC-2002-02385
The applicant submitted a request to the Air Force Discharge Review Board (AFDRB) to have his under honorable conditions (general) discharge upgraded to honorable. The applicant submitted a request to the Air Force Personnel Board (AFPB) to change his reenlistment code. Based on the information and evidence provided they recommend the applicant's request be denied (Exhibit D).
AF | BCMR | CY2004 | BC-2002-02385
The applicant submitted a request to the Air Force Discharge Review Board (AFDRB) to have his under honorable conditions (general) discharge upgraded to honorable. The applicant submitted a request to the Air Force Personnel Board (AFPB) to change his reenlistment code. Based on the information and evidence provided they recommend the applicant's request be denied (Exhibit D).
His one Airman Performance Report (APR) for the period closing 29 Sep 72 has an overall rating of 6. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded his general discharge should be upgraded to honorable. _________________________________________________________________ The following members of the Board considered this application in Executive Session on 17 December 2002 under the provisions of AFI 36- 2603: Ms. Peggy E. Gordon, Panel...