Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-2003-01869
Original file (BC-2003-01869.DOC) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01869
            INDEX CODE:  110.10
            COUNSEL:  The Salvation Army

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During the applicant’s tenure in the Air Force he was the victim  of  severe
alcoholism and suffered the consequences of  irrational  behavior.   Neither
he, his supervisors, or his physicians were aware of his  chronic  condition
and/or what to do at the time because  alcoholism  has  only  recently  been
declared by the Federal Government as a disease.   He  was  hospitalized  on
several occasions with illnesses associated with his drinking but was  never
treated for his disease of alcoholism.

He is now sober and clean and has been so  for  over  19  years  because  of
treatment he has received in the Salvation Army.  At present he  is  at  the
pinnacle of his career with  the  Salvation  Army  Harbor  Light  Center  as
Executive Director.  The multitude that he  is  personally  responsible  for
assisting with their alcohol problem is noteworthy.  The number of  veterans
that he helps daily whether incarcerated or otherwise, all sing  praises  to
his vision of helping the homeless veterans.

In  support  of  his  request  applicant  provided   letters   of   support,
documentation associated with the various training he has completed,  copies
of college transcripts, and copies of his certificates of  achievement,  and
several photos and publication  articles.   His  complete  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records were destroyed by fire  at  the  National  Personnel
Records Center, St. Louis, MO in 1973.  Data extracted  from  the  available
documentation reflects the applicant enlisted in the Regular  Air  Force  on
27 Jul 56 and was discharged on 25 Nov 58 with a BCD in the grade of  airman
basic.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  states  that  there  is  no  documentation  in  the  applicant’s
available personnel records pertaining to his  discharge  or  the  discharge
process.   There  is  a  Security  Classification  form,  which  contains  a
statement that  he  was  discharged  under  the  provisions  of  AFI  36-18,
paragraph 2, which reads "An enlisted person may be given a  BCD  only  when
imposed by an approved sentence of a  general  or  special  court  martial".
Since DPPRS is unable to determine the propriety of the  discharge  and  the
applicant did not  submit  any  evidence  or  identify  any  errors  in  his
discharge processing,  DPPRS  defers  to  the  Board  to  determine  if  the
applicant should be granted relief.  The DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In  response  to  the  Air  Force  evaluation  the  applicant  provided   an
additional character reference statement and additional copies of  documents
previously submitted.  His complete  submission,  with  attachments,  is  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 an injustice.   Even  though  the  applicant  has  provided  no
evidence to show that his discharge was improper or not in  compliance  with
appropriate directives, it is our opinion that relief is warranted  in  this
case.  After a thorough review of the evidence provided in  support  of  his
appeal, which includes his numerous noteworthy accomplishments,  it  appears
that he has led a stable life and has been a productive member  of  society.
In light of the above, we believe that it would be an injustice for  him  to
continue to suffer the adverse effects of a BCD.  Therefore,  on  the  basis
of clemency, we believe that  upgrade  of  his  discharge  to  honorable  is
warranted.  Accordingly, we recommend  that  his  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 that on 27  Nov  58     he  was  honorably
discharged and furnished an Honorable Discharge certificate.


_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
01869 in Executive Session on 117 Sep 03, under the provisions  of  AFI  36-
2603:

      Mr. Albert F. Lowas, Jr., Panel Chair
      Mr. Michael J. Maglio, Member
      Ms. Dorothy P. Loeb, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Jul 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 4 Aug 03.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Aug 03.
    Exhibit E.  Letter, Counsel, dated 12 Aug 03, w/atchs




                             ALBERT F. LOWAS, JR.
                                             Panel Chair

AFBCMR BC-2003-01869




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 on 25 November 1958 he was
honorably discharged and furnished an Honorable Discharge certificate.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2003 | BC-2003-02379

    Original file (BC-2003-02379.DOC) Auto-classification: Denied

    On 13 Apr 72, the discharge authority concurred with the recommendation and directed that he be discharged with a general discharge, without probation and rehabilitation. The applicant did not submit any new evidence or identify any errors in the discharge processing, and provided no facts warranting upgrade of his discharge. The DPPRS evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air...

  • AF | BCMR | CY2003 | BC-2003-02089

    Original file (BC-2003-02089.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02089 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. His commander recommended an honorable discharge. AFPC/DPPRS complete evaluation is at Exhibit...

  • AF | BCMR | CY2004 | BC-2003-02443

    Original file (BC-2003-02443.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02443 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: YES ___________________________________________________________________ APPLICANT REQUESTS THAT: His entry-level separation be upgraded to an honorable discharge. On 25 Jun 02, applicant received an uncharacterized entry-level separation, by reason of “Entry Level Performance and Conduct,” and was issued an RE code of 2C...

  • AF | BCMR | CY2003 | BC-2002-02030

    Original file (BC-2002-02030.doc) Auto-classification: Denied

    On 25 March 2002, the applicant's commander notified him that he was being discharged for mental disorders, specifically a personality disorder. The Medical Consultant evaluation is at Exhibit C. AFPC/DPPAE indicates that based on the review of his case file, his RE code 2C, “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service” is correct. We took notice of the applicant’s complete submission in judging the merits of the...

  • AF | BCMR | CY2003 | BC-2003-02085

    Original file (BC-2003-02085.doc) Auto-classification: Denied

    The court affirmed his conviction and sentence on 18 April 1994. ________________________________________________________________ AIR FORCE EVALUATION: AFLSA/JAJM reviewed the case and recommended denial. AFLSA/JAJMA complete evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states that while he was in Japan he did seek mental health help from the doctor at the mental health clinic in Misawa.

  • AF | BCMR | CY2004 | bc-2003-01539

    Original file (bc-2003-01539.doc) Auto-classification: Denied

    The AFPC/DPPAE evaluation is at Exhibit E. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS: Complete copies of the Air Force evaluations were forwarded to the applicant on 21 November 2003 for review and response within 30 days. Furthermore, RE code 4C is a code that can be waived for prior service enlistment consideration, provided he meets all other requirements for enlistment under an existing prior service program. Exhibit...

  • AF | BCMR | CY2003 | BC-2003-01011

    Original file (BC-2003-01011.DOC) Auto-classification: Denied

    She accepted and was honorably discharged from active duty and enlisted in the Rhode Island Air National Guard. As a full time deputy, she placed her law enforcement career as a priority over her weekend drill duties in the Guard. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal...

  • AF | BCMR | CY2004 | BC-2003-04304

    Original file (BC-2003-04304.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: BC-2003-04304 INDEX CODE 107.00 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) for a gunshot wound sustained on 5 Aug 51. Since this was an accident, the applicant is not eligible for the PH and his request should be denied. After a thorough review of the evidence of...

  • AF | BCMR | CY2004 | BC-2003-02203

    Original file (BC-2003-02203.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02203 INDEX CODE: 100.00 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code of 4J (Entered into Phase I of the Air Force Weight Program, or the unit commander has declared the airman ineligible to reenlist for a period of Phase II or probation) be changed to a “3J”...

  • AF | BCMR | CY2003 | BC-2003-02273

    Original file (BC-2003-02273.DOC) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02273 INDEX CODE: 112.03 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His ten-month extension of his enlistment contract be cancelled. This extension provided him with 36 months retainability, which would have been required for an accompanied tour to the United Kingdom. Exhibit C. Letter,...