ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00228
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 22 JULY 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he requests his general
(under honorable conditions) discharge be upgraded to an honorable
discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He desires an upgrade of his discharge.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 24 January 1969, the applicant enlisted in the Regular Air Force in the
grade of airman basic for a period of four years.
On 28 September 1971, the applicant was notified of his commander's intent
to initiate discharge action against him for Unsuitability. The specific
reasons follow:
a. On 28 March 1971, he operated a motor vehicle while under the
influence of alcohol. He was arrested at 0215 hours and confined in the
State jail, Fairbanks, Alaska. He was arraigned at 0930 hours in the Civil
Court of Fairbanks and found guilty of driving while under the influence.
He was fined $300.00 with $150.00 being suspended.
b. On 7 April 1971, he was given a Letter of Reprimand (LOR) for
conduct prejudicial to the standards expected of a Non-Commissioned Officer
(NCO). His name was also placed on the Airman Control Roster. Due to the
incident on 28 March 1971, he was scheduled to attend Remedial Driver’s
Training.
c. On 12 April 1971, his base driving privileges were suspended for
six months due to the incident on 28 March 1971.
d. On 30 May 1971, he was observed and cited for operating his
privately owned vehicle on base while his driving privileges were under
suspension. For this offense, his driving privileges were suspended for
two years.
e. On 7 July 1971, he was reported as being disorderly in station
and was given an LOR.
f. On 22 August 1971, he was reported as being drunk and
disorderly on station and he resisted being lawfully apprehended. For this
offense he was administered an Article 15, Uniform Code of Military Justice
(UCMJ).
g. On 24 August, 8 September, and 13 September 1971, he underwent
a psychiatric evaluation at Eielson AFB. He was further tested and
evaluated on 9 September 1971 at Bassett Army Hospital, Fort Wainwright,
Alaska. Results of the evaluations indicated the applicant had a character
and behavior disorder defined as an “antisocial personality disorder.”
Recommendations by the psychiatrists were for administrative separation
from the Air Force.
h. On 15 September 1971, he was operating a motor vehicle under
the influence of alcohol and he assaulted a State law enforcement officer.
He was arraigned on 16 September 1971 in the Civil Court of Fairbanks. He
pleaded guilty on both offenses and was ordered to be confined for 10 days
on each count.
The commander indicated in his recommendation for discharge action that the
applicant was not recommended for probation and rehabilitation in
accordance with Chapter 4, AFM 39-12. He had not demonstrated a motivation
for military service and the commander felt the applicant could not be
developed to the extent of absorbing military training and becoming a
satisfactory airman. Two competent psychiatrists recommended prompt
administrative separation.
The commander advised the applicant that an evaluation officer would
personally interview him and counsel him regarding his case. He was also
given the opportunity to submit a rebuttal and make statements in his own
behalf.
After consulting with counsel, the applicant waived his right to submit
statements in his own behalf.
On 1 October 1971, the Evaluation Officer recommended the applicant be
separated from the Air Force with a general discharge as soon as possible.
On 5 October 1971, the Assistant Staff Judge Advocate recommended the
applicant be discharged from the Air Force with a general discharge under
the provisions of Chapter 2, Section A, Paragraph 2-4b, AFM 39-12, without
rehabilitation.
On 6 October 1971, the discharge authority approved the applicant’s general
discharge.
The applicant was discharged on 15 October 1971, in the grade of airman
first class with a general (under honorable conditions) discharge, under
the provisions of AFM 39-12 (Unsuitability). He served 2 years, 8 months,
and 22 days of total active military service with 10 days of lost time.
On 15 June 1973, the Air Force Discharge Review Board (AFDRB) considered
and denied the applicant’s request that his general (under honorable
conditions) discharge be upgraded to an honorable discharge (Exhibit B).
On 11 July 1973, the Air Force Board for Correction of Military Records
(AFBCMR) denied the applicant’s request that his general (under honorable
conditions) discharge be upgraded to an honorable discharge (Exhibit B).
On 20 October 1982, the AFBCMR staff determined the applicant’s request for
reconsideration to upgrade his discharge did not meet the requirements for
reconsideration.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, provided an arrest record which is at Exhibit C.
On 3 March 2005, the Board staff requested the applicant provide post-
service documentation within 20 days (Exhibit D). As of this date, no
response has been received by this office.
On 22 March 2005, the applicant was provided the opportunity to respond to
the FBI investigation within 20 days (Exhibit E). As of this date, no
response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. Insufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice warranting the applicant’s general
(under honorable conditions) discharge be upgraded to an honorable
discharge. The Board believes responsible officials applied appropriate
standards in effecting the separation, and the Board does not find
persuasive evidence that pertinent regulations were violated or that the
applicant was not afforded all the rights to which entitled at the time of
discharge. Therefore, in the absence of evidence to the contrary, we again
find no compelling basis to change our previous decision in this
application.
2. Although the applicant did not specifically request consideration
based on clemency, we also find insufficient evidence to warrant a
recommendation the discharge be upgraded on that basis. In this respect,
we note the applicant’s continued misconduct following his discharge.
Further, when given the opportunity to provide information regarding his
post-service activities and accomplishments, he failed to do so.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or injustice; the application was denied without a
personal appearance; and 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 AFBCMR Docket Number BC-2005-
00228 in Executive Session on 19 May 2005, under the provisions of AFI 36-
2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Dorothy P. Loeb, Member
Ms. Marcia Jane Bachman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 January 2005.
Exhibit B. Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 3 March 2005.
Exhibit E. Letter, AFBCMR, dated 22 March 2005.
RICHARD A. PETERSON
Panel Chair
AF | BCMR | CY2006 | BC-2005-02788
He indicates he appealed his discharge through the Air Force Board for Correction of Military Records (AFBCMR) and on 18 December 2002, his case was approved and his discharge upgraded to a general (under honorable conditions). The applicant requests change of records to show he was retained on active duty, provided alcohol abuse treatment, and completed sufficient years of service to become eligible for length of service retirement. On 11 January 2006, the Board staff advised the...
ARMY | BCMR | CY2003 | 03091984C070212
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The VA informed him that he could apply to the Army Discharge Review Board or this Board for relief. On 21 May 2003, in an unanimous opinion, the Army Discharge Review Board denied the applicant's request to upgrade his discharge, stating that the board did not grant relief solely for the purpose of gaining...
AF | BCMR | CY2003 | BC-2003-01832
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01832 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable discharge. She recommended he be discharged from the Air Force and furnished a general discharge. ...
AF | BCMR | CY2007 | BC-2007-00767
At the time of the applicant’s discharge, AFM 39-12, Chap 2, paragraph 2-25, stated an airman discharged under this section should be furnished an Undesirable Discharge, unless the particular circumstances in a given case warrant a general or honorable discharge (Exhibit C). The discharge appears to be in compliance with the governing regulations and we find no evidence to indicate that his separation from the Air Force was inappropriate. Although the applicant did not specifically...
AF | BCMR | CY2011 | BC-2011-00039 ADDENDUM
ADDENDUM RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00039 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. Always on time for work, doing his job well and not causing any problems. During that time, he married and had a daughter.
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-02972 INDEX CODE: 110 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to honorable. On 5 May 82, the applicant was discharged under the provisions of AFM 39-12 (Request For Discharge for the Good of the Service) with service characterized as under other than honorable...
AF | BCMR | CY2005 | BC-2005-00940
586063TA2, which is at Exhibit F. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS recommends the application be denied. The applicant did not provide any facts warranting an upgrade of his discharge, nor did he submit any new evidence or identify any errors or injustices that occurred in his discharge processing. Exhibit F. Letter, SAF/MRBC, dated 22 Jun 05, w/FBI Report Number 586063TA2, dated 9 May 05.
AF | BCMR | CY2005 | BC-2004-00364A
For an accounting of the facts and circumstances surrounding the applicant's request to have his discharge upgraded, and the rationale of the earlier decision by the Board, see the Record of Proceedings, with attachments, at Exhibit H. On 20 August 2004, the applicant submitted a request for reconsideration to have his other than honorable conditions (UOTHC) discharge upgraded. On 25 February 2005, the applicant’s counsel submitted documentation requesting reconsideration to have the...
AF | BCMR | CY2006 | BC-2005-02990
On 18 August 1981, the applicant was notified of his commander's intent to impose nonjudicial punishment upon him for the following: he did, at Vandenberg Air Force Base, California, on or about 29 March 1981, violate a lawful general regulation, to wit: paragraph 4-4, Air Force Regulation 30- 2, dated 8 November 1976, by wrongfully transferring some amphetamines to an airman, in violation of the Uniform Code of Military Justice, Article 92. Pursuant to the Board’s request, the Federal...
I 4 By letters dated 7 August 1997, 26 October 1997, 9 December 1997, and 16 February 1998, applicant requested reconsideration of his He provided copies of documentation submitted with his appeal. 3 AFBCMR 91-01962 JAJM recommended that the Board deny the applicant's request: (1) on the basis that it is untimely; (2) on the merits; and ( 3 ) because it does not meet the criteria for reconsideration. Applicant contends that his SF Form 88, Report of Medical Examination, dated 16 August...