Search Decisions

Decision Text

AF | BCMR | CY2002 | 0202324
Original file (0202324.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02324
            INDEX CODE 110.00
            COUNSEL:  NO

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded.
_________________________________________________________________

APPLICANT CONTENDS THAT:

While he was in service at a young age, he began drinking which caused
many problems.  However,  his  problems  still  continued  even  after
discharge.  He has been through three rehabs and now  has  been  clean
for 12 years.  He is married and runs his own business.  He would like
to straighten up the wreckage of his past.  Since his  discharged,  he
has worked at an alcohol drug rehab for 8 1/2  years  as  a  substance
abuse counselor.  He presently supervises three crews of  men  in  the
construction field.  They travel a lot and he  constantly  preachs  to
them  how  to  keep  their  lives  straighten  out  due  to  his   own
experiences. He is deeply sorry for his actions.

In support of his application, he submits a personal statement  and  a
resume.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
17 May 1982 for a period of 4 years.  He was discharged from  the  Air
Force on 11 October 1985 under the provisions of AFR 39-10 (conviction
by court martial) and received a bad conduct discharge.  He  served  3
years, 4 months and 25 days total active service.

On 5 February 1985, the applicant was tried by a general court-martial
and found guilty of 5 counts of larceny, 13  counts  of  breaking  and
entering, 1 count of entering into a dwelling with intent to commit  a
criminal offense  and  giving  a  false  statement  under  oath.   The
applicant was found guilty and sentenced to a BCD, confinement  for  5
months, forfeiture of $397 per month for 6 months, and reduction to E-
1.  The member underwent Appellate Review  process  and  his  BCD  was
upheld.  Sentence was adjudged and his discharge ordered on 11 October
1985.  He had 77 days lost time and 155 days excess leave.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  Based upon the  documentation  in  the
file, DPPRS believes the discharge was consistent with procedural  and
substantive requirements of the discharge  regulation  at  that  time.
DPPRS  believes  the  discharge  was  within  the  discretion  of  the
discharge authority.  The applicant did not submit any new evidence or
identify any errors or  injustices  that  occurred  in  the  discharge
processing.  Additionally, the applicant provided no facts  warranting
an upgrade of his discharge.  He has not filed a timely request.

AFPC/DPPRS complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 16 August 2002, for review and comment.  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 that failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of material error or injustice.  After a general  court-
martial for numerous offenses, the applicant was discharged with a bad
conduct discharge.  It appears that the responsible officials  applied
appropriate standards in effecting the discharge,  and  the  applicant
has not provided persuasive evidence that pertinent  regulations  were
violated or that he was not afforded all the rights to  which  he  was
entitled.  The  applicant  has  failed  to  sustain  his   burden   of
demonstrating he suffered either an  error  or  an  injustice  and  we
conclude that no basis exist to  recommend  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 Docket  Number  02-02324
in Executive Session on 3 October 2002, under the provisions of AFI 36-
2603:

                 Mr. Wayne R. Gracie, Panel Chair
                 Ms Kathleen F. Graham, Member
                 Mr. George Franklin, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 19 Jul 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, DPPRS, 6 Aug 02.
      Exhibit D. Letter, SAF/MRBR, dated 16 Aug 02.





      WAYNE R. GRACIE
      Panel Chair



Similar Decisions

  • AF | BCMR | CY2002 | 0201955

    Original file (0201955.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01955 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable discharge. That office indicates that the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge proceedings. After a...

  • AF | BCMR | CY2002 | 0202274

    Original file (0202274.doc) Auto-classification: Denied

    The applicant was discharged with an entry-level separation with character of service listed as uncharacterized on 21 August 1997 in the grade of airman first class. Exhibit C. Letter, AFPC/DPPRS, dated 2 Aug 02. Exhibit D. Letter, SAF/MRBR, dated 9 Aug 02.

  • AF | BCMR | CY2002 | 0201613

    Original file (0201613.doc) Auto-classification: Denied

    Applicant’s contention is at odds with the facts provided by his record. _________________________________________________________________ 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...

  • AF | BCMR | CY2003 | BC-2002-02776

    Original file (BC-2002-02776.doc) Auto-classification: Denied

    The Air Force Discharge Review Board denied the applicant’s request for upgrade on 17 November 1992. A copy of the Record of Proceedings, with attachments, is at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS states that they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation. Exhibit C. Record of Proceedings, dated 7 Dec 93, w/atchs.

  • AF | BCMR | CY2006 | BC-2006-00138

    Original file (BC-2006-00138.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00138 INDEX CODE 106.00 COUNSEL: NONE XXXXXXX HEARING DESIRED: NO MANDATORY COMPLETION DATE: 16 JULY 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to a general (under honorable conditions) discharge. Pursuant to the Board’s request, the Federal Bureau of Investigation, Washington, D.C.,...

  • AF | BCMR | CY2003 | BC-2003-01414

    Original file (BC-2003-01414.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01414 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His discharge be upgraded to honorable. On 18 March 1980, the commander again notified him of his intent to impose nonjudicial punishment under Article 15 of the UCMJ for violating Article 92 (i.e., failure to obey an order or regulation). After...

  • AF | BCMR | CY2002 | BC-2002-01029

    Original file (BC-2002-01029.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01029 INDEX CODE: A50.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His other than honorable conditions (undesirable) discharge be upgraded to general. The evidence of record reflects that the applicant was discharged for unfitness. Exhibit F. Letter, applicant, dated 13 Jul 02, w/atchs.

  • AF | BCMR | CY2003 | BC-2003-00322

    Original file (BC-2003-00322.doc) Auto-classification: Denied

    Applicant was discharged from the Air Force on 29 Mar 02. The DPPRS evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 21 Mar 03 for review and comment within 30 days. After a thorough review of the evidence of record, we find no error in this case and are not persuaded by his contentions that he has been the victim of an injustice.

  • AF | BCMR | CY2006 | BC-2006-00457

    Original file (BC-2006-00457.doc) Auto-classification: Denied

    One previous conviction was considered in this case. He was credited with 2 years, 4 months, and 3 days of active military service (excludes 151 days lost time due to confinement). The discharge was within the discretion of the discharge authority.

  • AF | BCMR | CY2002 | 0201970

    Original file (0201970.doc) Auto-classification: Denied

    The applicant was discharged with a general characterization of service on 5 May 72 in the grade of airman. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPRS provided their rationale for recommending denial. After a thorough review of the evidence of record, we are not persuaded that the applicant’s general discharge should be upgraded to honorable.