SECOND
ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 83-01958
INDEX CODE: 110.00
COUNSEL: DEPT OF VET AFFAIRS
HEARING DESIRED: NO
_________________________________________________________________
RESUME OF CASE:
On 23 November 1983, the Board considered and denied the applicant’s
request to upgrade his bad conduct discharge to an honorable discharge (TAB
1).
On 26 May 1999 and 12 May 2000, the Board considered and denied the
applicant’s request to upgrade his bad conduct discharge to either general
(under honorable conditions) or a medical discharge. A complete copy of
the Addendum to the Record of Proceedings, with attachments, is attached at
Exhibit F.
In a letter dated 25 September 2000, the applicant requests that his bad
conduct discharge (BCD) be changed to a medical discharge. He states that
military authorities did an injustice to him during his stay in the United
States Air Force (Exhibit G).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice warranting either a medical
discharge or an upgrade of his bad conduct discharge. Based on the
documentation presented and in view of the fact that the applicant’s
records were destroyed by fire in 1973, we find insufficient evidence
substantiating that the applicant was not fit at the time of his discharge.
In this respect, Title 10, USC, Chapter 61 is the federal statute that
charges the Service Secretaries with maintaining a fit and vital force.
For an individual to be considered unfit for military service there must be
a medical condition so severe that it prevents performance of any work
commensurate with rank and experience. As we stated previously, based upon
the presumption of regularity in the conduct of governmental affairs and
without evidence to the contrary we must presume the applicant’s discharge
was proper
and in compliance with the appropriate directives in place at the time of
his discharge. Therefore, in the absence of evidence to the contrary, we
find no compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
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 2 January 2001, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Vice Chair
Mr. Jackson A. Hauslein, Member
Mr. Charles E. Bennett, Member
The following documentary evidence was considered:
Exhibit F. Addendum to the Record of Proceedings, dated
22 June 2000, w/atchs.
Exhibit G. Letter, Applicant, dated 25 Sep 00, w/atchs.
THOMAS S. MARKIEWICZ
Vice Chair
The Administrative Discharge Board (i.e., AFR 36-2) action be set aside and removed from his records. However, the Board did recommend that, if possible, the applicant be appointed in the Air Force Reserve for the purpose of serving in the Georgia ANG. In an application, dated 27 February 2000, the applicant, through counsel, provided additional documentation, requested reconsideration of his application, and amended his request to include setting aside and expunging the AFR 36-2 discharge...
AF | BCMR | CY2003 | BC-2002-02708
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-02708 INDEX CODE: 100.03, 100.06 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code be changed to one that would allow him to return to active duty. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified...
AF | BCMR | CY2006 | BC-2004-01785-3
For an accounting of the facts and circumstances surrounding the application, and the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit F. On 22 Nov 04, the Board considered and granted the applicant’s request to have her EPR closing 12 May 01, voided and removed from her records; and that she be provided supplemental consideration for promotion to the grade of staff sergeant for all appropriate cycles beginning with cycle 02E5. For an accounting...
After thoroughly reviewing the evidence of record and noting the applicant’s complete submission, we find no evidence of error or injustice. In this respect, we note that the applicant’s discharge appears to be in compliance with the governing Air Force Regulation in effect at the time of his separation and he was afforded all the rights to which entitled. Exhibit B.
___________________________________________________________________ STATEMENT OF FACTS: Based on the DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, the applicant is a former member who was discharged with an undesirable discharge on 27 September 1957, under the provisions of AFR 39-17 (Unfitness). ___________________________________________________________________ APPLICANT'S REVIEW OF FBI REPORT: A copy of the FBI report was forwarded to the applicant on 14...
AF | BCMR | CY2006 | BC-2003-03990A
On 12 Apr 04, the Board considered and denied a similar appeal submitted by the applicant. The applicant was sentenced to a bad conduct discharge as the result of a court-martial and it appears his corrected DD Form 214 accurately reflects the reason for his discharge and the characterization of his service. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend favorable consideration of his request.
AF | BCMR | CY2002 | BC-1999-03003A
In the absence of clear-cut evidence that the applicant should have been selected for promotion to the grade of lieutenant colonel by the SSB, we do not recommend approval of his request for direct promotion. Therefore, we recommend that the applicant’s records be corrected as indicated below. ____________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show...
AF | BCMR | CY2003 | BC-2002-02395
Applicant’s NGB Form 22, Report of Separation and Record of Service, reflects that he received a general discharge on 31 May 2000 under the provisions of AFI 36-3209, para 3.21.3.2 (Misconduct - Drug Abuse). _________________________________________________________________ AIR FORCE EVALUATION: ANG/DPFP recommends denial. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air National Guard...
AF | BCMR | CY2004 | BC-2002-02395
Applicant’s NGB Form 22, Report of Separation and Record of Service, reflects that he received a general discharge on 31 May 2000 under the provisions of AFI 36-3209, para 3.21.3.2 (Misconduct - Drug Abuse). _________________________________________________________________ AIR FORCE EVALUATION: ANG/DPFP recommends denial. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air National Guard...
_________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits C and D. _________________________________________________________________ AIR FORCE EVALUATIONS: BCMR Medical Consultant reviewed this application and recommended denial. ...