Search Decisions

Decision Text

AF | BCMR | CY2001 | 0100365
Original file (0100365.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER:  01-00365
                       INDEX CODE:  110.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge on 21 Jan 83  under  the
provisions of AFR 39-10 be upgraded to honorable.
___________________________________________________________________

APPLICANT CONTENDS THAT:

His accomplishments after his discharge are a basis for an upgrade.

In support of the application, the applicant provides  copy  of  a  DD  Form
293, Application for Review of Discharge or Dismissal from the Armed  Forces
of the United States, a letter  from  the  Director  of  the  Association  &
Cooperative Missions Department and copies of certificates of completion  of
two seminary extension courses (Exhibit A).
___________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 3 Jan  1980.   While  serving
in the grade of  airman,  he  was  discharged  on  21  Jan  1983  under  the
provisions of AFR 39-10 for Misconduct-Drug Abuse, and  received  a  general
discharge (under honorable conditions).  He was credited with 3 years and  8
days total active military service.

The relevant facts, extracted from the available record,  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.

A copy of the Federal Bureau of Investigation report was  forwarded  to  the
applicant for review and  response.   As  of  this  date,  this  office  has
received no response (Exhibit E).
___________________________________________________________________

AIR FORCE EVALUATION:

The Separations Procedures Section, AFPC/DPPRSP, states  that  although  the
applicant has made some personal improvements  in  his  life,  it  does  not
overshadow the conduct leading to his discharge.  The  applicant  wrongfully
possessed marijuana on two separate occasions for which he received  Article
15 punishment.  In addition, he received  three  letters  of  reprimand  for
various offenses, including failure to go and unsatisfactory performance.

DPPRSP states the discharge was within sound  discretion  of  the  discharge
authority and the applicant was provided full  administrative  due  process.
Additionally, the applicant  has  failed  to  submit  any  new  evidence  or
identify any  errors  or  injustices  that  occurred  during  the  discharge
process nor  has  he  provided  any  facts  warranting  an  upgrade  of  the
discharge  he  received.   Therefore,  DPPRSP  recommends  the   applicant's
request be denied (Exhibit C).

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  Evaluation  was  forwarded  to  the  applicant  for
review and response.  As of this date, this office has received no  response
(Exhibit D).

___________________________________________________________________

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.  After  careful  consideration  of
the available evidence, we found no indication that  the  actions  taken  to
effect his discharge were improper or contrary  to  the  provisions  of  the
governing regulations in effect at the  time,  or  that  the  actions  taken
against the applicant were based on factors other than his  own  misconduct.
In addition, in view of the contents of the  FBI  Identification  Record  we
are not persuaded that the characterization  of  the  applicant’s  discharge
warrants an upgrade to honorable on the basis of clemency.  Having found  no
error or injustice with regard  to  the  actions  that  occurred  while  the
applicant was a military member, we conclude that no basis exists  to  grant
favorable action on his request.

_________________________________________________________________




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 31 July 2001, under the provisions of AFI 36-2603:

      Mr. Joseph A. Roj, Panel Chair
      Ms. Nancy W. Drury, Member
      Ms. Brenda L. Romine, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Feb 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFPC/DPPRSP Letter, dated 2 Apr 01.
    Exhibit D.  Letter, SAF/MIBR, dated 27 Apr 01.
    Exhibit E.  FBI Report 408733AA7.




                                   JOSEPH A. ROJ
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2002 | 0103469

    Original file (0103469.DOC) Auto-classification: Denied

    As of this date, this office has received no response. We agree with the opinion and recommendation of the Air Force office of primary responsibility that his separation code should remain the same since he did in fact, voluntarily request discharge for the good of the service. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or...

  • AF | BCMR | CY2001 | 0101455

    Original file (0101455.doc) Auto-classification: Denied

    On 11 Sep 84, applicant was notified that his commander was recommending that he be discharged from the Air Force for drug abuse. The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing. We therefore agree with the recommendation of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.

  • AF | BCMR | CY2002 | 0103602

    Original file (0103602.DOC) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 2 Jul 59 and was discharged on 20 May 63 with an undesirable discharge. The remaining relevant facts pertaining to this application, extracted from the applicant’s reconstructed military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. In response to the Board's request, the FBI provided a copy of...

  • AF | BCMR | CY2004 | BC-2003-03553

    Original file (BC-2003-03553.doc) Auto-classification: Approved

    Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, West Virginia, indicated that they were unable to identify with an arrest record on the basis of information furnished - Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS indicates there is no documentation on file in the applicant’s master personnel records relating to the reason for the discharge or the discharge process. In accordance with the 1959...

  • AF | BCMR | CY2002 | 0201258

    Original file (0201258.doc) Auto-classification: Denied

    The applicant, while serving in the grade of airman basic, was discharged from the Air Force on 24 April 1959 under the provisions of AFR 39-17 (Unfitness) and received an under other than honorable conditions discharge. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS states that they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation. 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 | CY2004 | BC-2003-03732

    Original file (BC-2003-03732.doc) Auto-classification: Denied

    In a legal review of the discharge case file dated 3 May 1985, an assistant staff judge advocate assigned to the staff of the group commander found the file legally sufficient and recommended that the case be forwarded to the discharge authority with a recommendation that the applicant not be retained but that he be discharged with a general discharge. On 9 May 1985, the group commander recommended that the discharge authority approve the recommendation for separation and accept the...

  • AF | BCMR | CY2002 | 0103236

    Original file (0103236.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-03236 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to an honorable discharge and his 25 days of lost time be removed from his records. We therefore agree with the recommendation of the Air Force that the applicant’s discharge should be upgraded to general (under...

  • AF | BCMR | CY2004 | BC-2004-00675

    Original file (BC-2004-00675.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00675 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Armed Forces Expeditionary Medal (AFEM). _________________________________________________________________ STATEMENT OF FACTS: On 25 May 1955, the applicant enlisted in the Regular Air Force in the grade of airman...

  • AF | BCMR | CY2000 | 9903247

    Original file (9903247.doc) Auto-classification: Denied

    However, considering the discharge occurred over 40 years ago and considering his previous four years of honorable service and the offense that caused his BCD, DPPRS recommends clemency. Having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on his request. Exhibit E. Letter, AFPC/DPPRS, dated 8 Mar 00.