Search Decisions

Decision Text

AF | BCMR | CY2001 | 0101500
Original file (0101500.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01500
            INDEX CODE 110.00
            COUNSEL: DONNA M. MESKONY, DVA

            HEARING DESIRED:  NONE

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  31  July   1985   under-other-than-honorable-conditions   (UOTHC)
discharge be upgraded to general (under honorable conditions).

_________________________________________________________________

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.

_________________________________________________________________

AIR FORCE EVALUATION:

The Assistant Noncommissioned Office  in  Charge  (NCOIC),  Separation
Procedures  Section,  AFPC/DPPRS,   reviewed   the   application   and
recommended denial.  The applicant did  not  submit  any  evidence  or
identify any errors or  injustices  that  occurred  in  the  discharge
processing.  Additionally, he provided no facts warranting an  upgrade
of his discharge.  He has not filed a timely request.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________





APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel reviewed the Air Force  evaluation  and  provides  a  response
which is attached at Exhibit E.

_________________________________________________________________

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 majority  Board  notes  that
the applicant has had to live with the stigma of the  UOTHC  discharge
for over 17 years.  He appears to have lived as a law-abiding citizen,
and has made a successful transition to civilian life.  Therefore, the
majority of the Board recommends that  he  receive  a  general  (under
honorable conditions) discharge.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 31 July  1985,  he
was discharged with service characterized as general (under  honorable
conditions).

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 20 September 2001, under the provisions of AFI 36-
2603:


            Mr. Teddy L. Houston, Panel Chair
            Mr. Roscoe Hinton, Jr., Member
            Mr. Roger E. Willmeth, Member

By a majority  vote,  the  Board  voted  to  correct  the  records  as
indicated.  Mr. Willmeth voted to deny the application, but  does  not
wish to submit a Minority Report. The following  documentary  evidence
was considered:


      Exhibit A. DD Form 149, dated 8 May 01, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 27 Jul 01.
      Exhibit D. Letter, SAF/MIBR, dated 3 Aug 01.
      Exhibit E. Counsel’s Response, dated 17 Aug 01.





                                   TEDDY L. HOUSTON
                                   Panel Chair


AFBCMR 01-01500




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 on 31 July 1985, he
was discharged with service characterized as general (under honorable
conditions).







      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2001 | 0003196

    Original file (0003196.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-03196 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to honorable. _________________________________________________________________ AIR FORCE EVALUATION: The Military Personnel Management Specialist, Separations...

  • AF | BCMR | CY2001 | 0100170

    Original file (0100170.doc) Auto-classification: Denied

    On 18 November 1996, the Air Force Discharge Review Board (AFDRB), denied applicant’s request for an upgrade of and change of reason for his discharge. _________________________________________________________________ THE BOARD DETERMINES THAT: A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied. Exhibit B.

  • AF | BCMR | CY2001 | 0101551

    Original file (0101551.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: The AFBCMR Medical Consultant notes the current AFI regulating separations for mental health problems does not allow coding for other than “Personality Disorder,” an entirely different DSM-IV code sequence from that with which the applicant was diagnosed. A complete copy of the evaluation is at Exhibit D. The Assistant Chief, Skills Management Branch, HQ AFPC/DPPAE, indicates that the applicant’s RE code...

  • AF | BCMR | CY2001 | 0002818

    Original file (0002818.doc) Auto-classification: Approved

    Should the board void the report entirely, or upgrade his EPR closing 31 Aug 99, the applicant will be entitled to supplemental promotion consideration for cycle 00E7 promotion cycle to master sergeant. A complete copy of the advisory 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 10 August 2001, for review and response within...

  • AF | BCMR | CY2001 | 0101687

    Original file (0101687.doc) Auto-classification: Approved

    AFBCMR 01-01687 Index Number: 112.00 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: APPLICANT Having carefully reviewed this application, we agree with the recommendation of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36- 2603, the applicant's records will be corrected as set forth in the accompanying Memorandum...

  • AF | BCMR | CY2001 | 0101328

    Original file (0101328.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-01328 INDEX CODE: 121.00 APPLICANT COUNSEL: None SSN HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: Twenty-four days of leave be reinstated to his leave account. The applicant provided an AF Form 1089, which the member completes at the time of reenlistment. ...

  • AF | BCMR | CY2001 | 0003232

    Original file (0003232.doc) Auto-classification: Denied

    The available 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. Based on the activities reflected in the FBI report, we also find no compelling reason to warrant upgrading his discharge on the basis of clemency. Exhibit C. FBI Report.

  • AF | BCMR | CY2001 | 0101709

    Original file (0101709.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 | 0100207

    Original file (0100207.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-00207 INDEX CODE: 110.00 APPLICANT COUNSEL: None SSN HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable (general) conditions discharge be upgraded to honorable. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Washington, D.C., provided an investigative report which is attached...

  • AF | BCMR | CY2001 | 0002906

    Original file (0002906.doc) Auto-classification: Denied

    The case of Cooper v. Secretary of the Air Force involves a class of U.S. Air Force veterans whose discharges from the Air Force were based, at least in part, on faulty positive drug urinalysis tests conducted from Apr 82 through Nov 83. The Settlement Agreement specifically states that it “does not reflect any statement or admission concerning the merits of this action and is evidence merely of its terms.” The class certified by the Court consists of all U.S. Air Force veterans who were...