ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02295-2
INDEX CODE: 110.00
COUNSEL: COLLEEN & KELLEHER
OBRIEN
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he requests that his
general (under honorable conditions) discharge be upgraded to an honorable
discharge, narrative reason for separation be changed to reflect completion
of enlistment, reenlistment eligibility (RE) code and separation code be
changed to allow reenlistment, or reinstatement to active duty.
_________________________________________________________________
STATEMENT OF FACTS:
In an application to the Board dated 1 April 2004, the applicant requested
that he be reinstated to active duty or his general (under honorable
conditions) discharge be upgraded to an honorable discharge.
On 21 October 2004, the Board considered and denied the applicant’s
request. A complete copy of the Record of Proceedings (ROP), with
attachments, is at Exhibit E.
In his most recent submission, the applicant states that he has been
unjustly discharged from the Air Force based on false rumors and false
statements alleging that he used marijuana. He was coerced by OSI into
admitting to the use, and that other involved parties – both military and
civilian have now come forward to corroborate the coercion. Two drug tests
proved that he did not engage in marijuana use. His complete submission,
with attachments, is at Exhibit F.
_________________________________________________________________
FINDINGS AND CONCLUSIONS OF THE BOARD:
1. After again reviewing the evidence submitted with this appeal, the
Board majority is not persuaded the applicant's request warrants favorable
consideration. The Board majority believes that the evidence of record
supports the decision of the responsible officials who applied appropriate
standards in effecting the applicant’s separation. The Board majority
finds no evidence of error in this case and after thoroughly reviewing the
documentation that has been submitted in support of his appeal, does not
believe he has suffered from an injustice. Therefore, in the absence of
evidence to the contrary, the majority of the Board finds no compelling
basis to recommend granting the relief sought.
2. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issues involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
DECISION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or injustice
and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2004-
02295-2 in Executive Session on 4 October 2006, under the provisions of AFI
36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Michael J. Novel, Member
Ms. Kathleen Graham, Member
By a majority vote, the Board recommended denial of the application. Ms.
Graham voted to grant the applicant’s request, but does not wish to submit
a Minority Report. The following documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 29 Oct 04, w/atchs.
Exhibit F. DD Form 149, dated 11 Jan 06, w/atchs.
RICHARD A. PETERSON
Panel Chair
AFBCMR BC-2004-00295
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of ANTHONY A. POPPICK
I have carefully reviewed the circumstances of this case and do not
agree with the majority of the panel members that the applicant's requests
should be denied in their entirety.
I agree with the Board majority that the evidence presented by the
applicant is not sufficient to demonstrate that an error exists in his
discharge processing warranting reinstatement to active duty or correction
of his reenlistment eligibility code to a code that would permit
reenlistment in the Air Force. However, I do believe that under the
particular circumstances of this case, continuing to characterize his
service as general (under honorable conditions) would be unjust. I am not
persuaded by the applicant's allegations of coercion or that the
allegations against him are completely false. I do believe, however, that
a reasonable doubt has been established as to whether or not the
characterization of his service as general accurately reflects his service
while in the Air Force. I am not unmindful of the Air Force's position
regarding this matter; nevertheless, taking into consideration his overall
record of performance prior to the allegations of drug abuse and
considering the unequivocal support he has received, I believe it serves no
useful purpose to the Air Force or to society in general for the applicant
to continue to suffer the adverse impacts of a general discharge.
Therefore, on the basis of clemency, I direct his records be corrected to
reflect he was discharged with an honorable characterization of service.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AFBCMR BC-2004-02295-2
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 14 January 2004, he was
honorably discharged under the provisions of AFI 36-3208, paragraph 1.2
(Secretarial Authority) with a separation code of JFF and a reenlistment
eligibility (RE) code of 2B.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AF | BCMR | CY2004 | BC-2004-02295
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02295 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be reinstated to active duty or his general (under honorable conditions) discharge be upgraded to an honorable discharge. On 31 December 2003, the discharge authority approved the applicant’s general (under honorable...
AF | BCMR | CY2004 | BC-2004-02083
A complete copy of the AFPC/DPPRS evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to applicant on 3 Sep 04 for review and response. The evidence of record indicates the applicant received nonjudicial punishment under Article 15 for stealing a military cellular phone and fraudulently obtaining cellular services. ...
AF | BCMR | CY2005 | BC -1991-01786-2
A copy of the Record of Proceedings is at Exhibit F. On 1 July 2000, applicant submitted an application requesting reconsideration that his discharge be upgraded. A copy of the AFBCMR letter, with attachments, is at Exhibit G. On 26 May 2004, applicant submitted an application requesting reconsideration that his discharge be upgraded at least to a general. JOE G. LINEBERGER Director Air Force Review Boards Agency AFBCMR BC-1991-01786-2 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD...
AF | BCMR | CY2004 | BC-2004-02572
The applicant provided a copy of a transmittal letter by the Seventh Air Force awarding the AM; however, the transmittal letter is a standard letter given to all members receiving any and all medals during this time period. After reviewing the evidence of record and the applicant’s submission the Board is persuaded the applicant is entitled to the Air Medal. The Board notes the applicant provided a copy of a transmittal letter by the Seventh Air Force awarding him the Air Medal.
AF | BCMR | CY2006 | BC-1999-03347
The majority of the Board finds insufficient evidence to warrant a recommendation that the discharge be upgraded on the basis of clemency. The applicant’s UOTHC discharge may have been appropriate for the circumstances at the time. JOE G. LINEBERGER Director Air Force Review Boards Agency AFBCMR BC-1999-03347 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,...
AF | BCMR | CY2004 | BC-2004-02672
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02672 INDEX CODE: 112.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code be changed. As of this date, no response has been received by this office. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military...
AF | BCMR | CY2003 | BC-2003-03211
Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth in the accompanying Memorandum for the Chief of Staff signed by the Executive Director of the Board or his designee. RICHARD A. PETERSON Panel Chair Attachment: Ltr, AFPC/DPPPOO, dtd 29 Oct 03, w/atch BC-2003-03211 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...
AF | BCMR | CY2006 | BC-2005-03118
I strongly believe the Board should have accepted the applicant’s statement that he reviewed his records, found the error in his duty title and made an effort to correct his records through his squadron commander’s support staff. RICHARD A. PETERSON Panel Chair MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR) FROM: SAF/MRB SUBJECT: AFBCMR Application of XXXXXXX, XXXXXXX After carefully reviewing the rationale of both the majority of the...
AF | BCMR | CY2004 | BC-2004-01651
INDEX CODE: 134.00 BC-2004-01651 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility 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...
AF | BCMR | CY2005 | BC-2005-02101
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-02101 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION: 17 FEB 07 _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) and separation codes be changed to allow him to reenter military service. A medical note from the Alcohol Rehabilitation Committee, dated 1 March 1988,...