RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03467
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 19 May 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable (UOTH) discharge be upgraded to a general
(under honorable conditions) discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was told by his commanding officer that if he requested discharge his
discharge would be upgraded after six months if he stayed out of trouble.
He has stayed out of trouble ever since.
In support of his request, applicant provided copies of his DD Forms 214
and character reference statements. His complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Data extracted from documentation provided by the applicant indicated he
enlisted in the Regular Army on 9 Aug 79. He was honorably discharged from
the Army on 12 Oct 79 after serving 2 months and 4 days on active duty.
The reason for his discharge states "Discharge of personnel who did not
meet procurement medical fitness standards". He contracted his initial
enlistment in the Regular Air Force on 30 Apr 71. On 31 Jan 72, he was
discharged with service characterized as under other than honorable
conditions. He had served for 6 months and 28 days.
Pursuant to the Board's request, the Federal Bureau of Investigations
indicated they were unable to locate an arrest record pertaining to the
applicant (Exhibit F).
_________________________________________________________________
AIR FORCE EVALUATION:
DPPRS defers to the Board to determine if relief is warranted based on the
limited supporting documentation in the applicant's master personnel
records. DPPRS states there is no documentation in his master personnel
record relating to the reason for his discharge or the discharge process.
His DD Form 214 indicates he was discharged under the provisions of AFM 39-
12 with an under other than honorable conditions discharge. His Separation
Program Designator indicates he requested discharge for the good of the
service. His records contain an Article 15 he received on 28 Jun 71, for
failure to obey a lawful order and failure to go at the time prescribed to
his appointed place of duty. His records also indicate he appeared before
a Faculty Board for academic deficiency and conduct prejudicial to
training. His conduct and attitude in the classroom was extremely poor.
He slept in class despite repeated counseling and stated he did not want
any part of military service. His behavior was a detriment to the other
students.
The DPPRS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant disagrees with the facts and documentation contained in his
personnel records because those reasons are false. His problems started
when he told his Officer in Charge (OIC) at Sheppard AFB that he needed to
be home because he needed to be with his parents who were having a
difficult time financially and physically. At the time he felt it was his
obligation to be with them in order to provide them with income and keep
them from losing their home. The OIC did not see eye-to-eye with him and a
conflict of interest started. The OIC did not agree with him and tried to
make things as hard as he could. He made him look bad in any way he could.
After that he tried every way he could to get into trouble so he could get
out of the military. He deeply regrets the way things happened but was
told that his discharge would automatically be changed within a six-month
period.
His complete response 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. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. Based upon the presumption of regularity
in the conduct of governmental affairs and without evidence to the
contrary, we must assume that the applicant's discharge was proper and in
compliance with appropriate directives. Therefore, based on the available
evidence of record, we find no basis upon which to favorably consider this
application.
4. 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.
_________________________________________________________________
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 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 AFBCMR Docket Number BC-2005-
03467 in Executive Session on 16 Mar 06, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Ms. LeLoy W. Cottrell, Member
Mr. Frederick R. Beaman III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Nov 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 20 Jan 06.
Exhibit D. Letter, SAF/MRBR, dated 27 Jan 06.
Exhibit E. Letter, Applicant, not dated.
Exhibit F. FBI Negative Reply, dated 24 Feb 06.
THOMAS S. MARKIEWICZ
Chair
The medical doctor recommended that he be considered for appearance before a Board of Officers (BO) with a view toward his separation from the Air Force. In addition, he was requested to provide information pertaining to his activities since leaving the service (see Exhibit F). Based on a review of the limited post- service evidence provided and in view of the contents of the FBI Identification Record, we are not persuaded that an upgrade of applicant’s discharge is warranted on the basis...
AF | BCMR | CY2005 | BC-2004-02344
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02344 INDEX CODE: 110.02 COUNSEL: None HEARING DESIRED: No MANDATORY CASE COMPLETION DATE: 1 FEB 06 _________________________________________________________________ APPLICANT REQUESTS THAT: The Narrative Reason for Separation on his DD Form 214 be removed. The specific reasons for the discharge action were: The 6 April 1981 MHC evaluation diagnosis of personality disorder and...
AF | BCMR | CY2009 | BC-2006-02989
The basis for the commander’s recommendation was that he signed an enlistment document stating he had no previous military service on 21 Feb 80, when he had served on active duty in the United States Army from 26 Mar 79 to 26 Jul 79, and he signed an enlistment document indicating he had never been treated for mental illness and had never been a patient in any type of hospital. On 1 May 90, the Air Force Discharge Review Board denied the applicant request to upgrade his general (under...
AF | BCMR | CY2005 | BC-2006-01556
________________________________________________________________ STATEMENT OF FACTS: Applicant entered active duty in the Air Force on 8 Jan 71, for a period of four years in the grade of airman basic. The discharge authority approved applicant’s request for discharge for the good of the service and directed that he be discharged with an under other than honorable conditions (undesirable) discharge. CHRISTOPHER D. CAREY Panel Chair AFBCMR BC-2006-01556 MEMORANDUM FOR THE CHIEF OF...
AF | BCMR | CY2004 | BC-2003-03514
He then went AWOL because he did not know how else to deal with it at the time. However, he was harassed, threatened and denied advancement by one, Sgt C__, all because he opposed the Vietnam War. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of a material error or injustice; that the application was denied without a personal appearance; and that...
AF | BCMR | CY2006 | BC-2006-02729
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02729 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 7 MARCH 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His honorable discharge be changed to a disability discharge. He received an Honorable discharge, but he believes the Air Force should have done more to help him, “like a...
AF | BCMR | CY2003 | BC-2002-02837
His dishonorable discharge be upgraded to honorable. We find no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of applicant's appeal, we do not believe he has suffered from an injustice. _________________________________________________________________ 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...
AF | DRB | CY2003 | FD2002-0351
I swear this on every thing I love I just need a chance to make things right to prove that people make mistakes and if given a chance can do right by the military. Should 4RwaiiiNes c discharged? WMieeemaintains that he should not have received his first Article 15 because he was not sleeping while on duty but instead was “relaxing and listening to my music.” He also contends that had he not been issued the first Article 15, he would not have been given the second Article 15.
AF | BCMR | CY2010 | BC-2010-02925
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02925 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to general (under honorable conditions). He served a total of two years, seven months, and nine days of active duty service. _________________________________________________________________ THE BOARD...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-02031 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded. The Board also invited the applicant provide additional evidence pertaining to his post-service activities. In a letter, dated 15 April 2002, the applicant states that he has no excuse for the way he acted...