Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2005-03577
Original file (BC-2005-03577.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03577
            INDEX CODE:  100.03
      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE: 25 MAY 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable  conditions)  discharge  be  upgraded  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He does not understand why his discharge was  general.  The  discharge
section at the personnel office said he could request  an  upgrade  to
honorable after one year of being separated.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
13 January 1976 for a period of four years and progressed to the grade
of staff sergeant.

On 4 February 1988, he was notified  by  his  commander  that  he  was
recommending him for a discharge from the Air Force for failure in the
Alcohol Abuse Rehabilitation Program. The commander  was  recommending
applicant receive a general  (under  honorable  conditions)  discharge
based on the fact that on or about         2 November  1987  until  16
December  1987,  applicant  was  entered  into   the   Alcohol   Abuse
Rehabilitation Program and failed to successfully complete the program
due to his refusal to participate and unwillingness to cooperate.

On 1 February 1988, applicant acknowledge receipt of the  notification
of discharge and after consulting with legal counsel waived his rights
to a hearing before an administrative discharge board  and  to  submit
statements in his own behalf.

The  base  legal  office  reviewed  the  case  and  found  it  legally
sufficient  to  support   separation   and   recommended   applicant’s
unconditional waiver be accepted and he be discharged with  a  general
(under  honorable  conditions)   discharge   without   probation   and
rehabilitation.

On 4 February 1988, applicant was discharged under the  provisions  of
AFR  39-10,  Administrative  Separation  of  Airmen,  (alcohol   abuse
rehabilitation failure), with a general (under  honorable  conditions)
discharge. He served 12 years and 22 days  of  total  active  military
service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommended  denial  and  stated   that   based   on   the
documentation on file in the master personnel records,  the  discharge
was consistent with the procedural and substantive requirements of the
discharge regulation.  The discharge was within the discretion of  the
discharge  authority.   Applicant  did  not  submit  any  evidence  or
identify any errors or  injustices  that  occurred  in  the  discharge
processing. He provided no facts warranting a change to his  character
of service or narrative reason for separation.

AFPC/DPPRS’s complete evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
13 January 2006, for review and comment within 30 days.   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 the failure to timely file.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of an error or injustice warranting an  upgrade  in  his
discharge.   The  records  reflect  that   the   commander   initiated
administrative actions  based  on  information  he  determined  to  be
reliable and that administrative actions were  properly  accomplished.
The  applicant  was  afforded  all  rights  granted  by  statute   and
regulation.  We are not persuaded by the evidence presented  that  the
commander abused his discretionary authority  when  he  initiated  the
discharge action.  The only other basis upon  which  to  recommend  an
upgrade of his discharge would be clemency.   However,  applicant  has
failed  to  provide  documentation  pertaining  to  his  post  service
conduct.  Should he provide  statements  from  community  leaders  and
acquaintances attesting to his good character and reputation and other
evidence of successful post-service rehabilitation,  this  Board  will
reconsider this case based on the new  evidence.   Therefore,  in  the
absence  of  this  documentation,  we  find  no  compelling  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________

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 Docket  Number       BC-
2005-03577 in Executive Session on 8 March 2005, under the  provisions
of AFI 36-2603:

      Ms. Kathy L. Boockholdt, Panel Chair
      Ms. Mr. Cheryl V. Jacobson, Member
      Mr. August Doddato, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 18 Nov 05.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 10 Jan 06.
      Exhibit D. Letter, SAF/MRBR, dated 13 Jan 06.





      KATHY L. BOOCKHOLDT
      Panel Chair

Similar Decisions

  • AF | BCMR | CY2006 | BC-2005-03758

    Original file (BC-2005-03758.doc) Auto-classification: Denied

    (3) On 5 June 1989, the applicant received a Letter of Reprimand for reporting for duty over two hours late. Having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on her request. Exhibit E. FBI Report, dated 24 Jan 06.

  • AF | BCMR | CY2006 | BC-2005-03532

    Original file (BC-2005-03532.DOC) Auto-classification: Denied

    The commander was recommending the applicant receive an UOTHC discharge based on the following: (1) On 10 April 1984, the applicant received a Letter of Reprimand for failure to report at the time prescribed to his appointed place of duty. Having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on his request. Exhibit E. FBI Investigative Report.

  • AF | BCMR | CY2004 | BC-2004-02988

    Original file (BC-2004-02988.doc) Auto-classification: Denied

    Applicant’s complete submission, with attachment, is at Exhibit A. The AFPC/DPPRS 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 8 October 2004 for review and response within 30 days. After thoroughly reviewing the evidence of record and noting the applicant’s complete submission, we find no evidence of error or injustice.

  • AF | BCMR | CY2005 | BC-2005-02604

    Original file (BC-2005-02604.doc) Auto-classification: Denied

    On 4 April 1990, he was notified by his commander that he was recommending him for a discharge for a pattern of minor disciplinary infractions and recommended a general discharge based on the following: (1) On 19 March 1990, he was evaluated for alcohol abuse. On 8 May 1990, applicant was discharged under the provisions of AFR 39- 10, Administrative Separation of Airmen, (minor disciplinary infractions), with a general (under honorable conditions) discharge in the grade of airman. ...

  • AF | BCMR | CY2004 | BC-2003-00364

    Original file (BC-2003-00364.doc) Auto-classification: Denied

    On 3 September 1993, the Air Force Discharge Review Board (AFDRB) considered and denied his request for an upgrade of his discharge. After thoroughly reviewing the evidence of record and noting the applicant’s complete submission, the Board finds no evidence of error or injustice. However, should the applicant provide evidence of his post-service accomplishments, the Board would entertain his request for an upgrade of his discharge on the basis of clemency.

  • AF | BCMR | CY2005 | BC-2005-00074

    Original file (BC-2005-00074.doc) Auto-classification: Denied

    A complete copy of the evaluation is at Exhibit C. On 15 April 2005, SAF/MIBR informed the applicant that they contacted officials from the Department of Veterans Affairs (DVA) to receive copies of his service medical records but they did not receive a response. A copy of letter, with attachments, attached at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 29 April 2005, a copy of the Air Force evaluation was...

  • AF | BCMR | CY2005 | BC-2005-03102

    Original file (BC-2005-03102.doc) Auto-classification: Denied

    After consideration of the applicant’s statement, the applicant’s squadron commander recommended to the wing commander the applicant be discharged for the reasons stated above, that he be given a general discharge, and that he not be given probation and rehabilitation. The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing. While we note that the applicant received favorable ratings on the last EPR he received, we also note...

  • AF | BCMR | CY2007 | BC-2007-004691

    Original file (BC-2007-004691.doc) Auto-classification: Denied

    On 10 Mar 82, he was discharged from the Air Force with service characterized as UOTHC. ________________________________________________________________ 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...

  • AF | BCMR | CY2004 | BC-2004-02598

    Original file (BC-2004-02598.doc) Auto-classification: Denied

    On 7 Sep 01, the applicant submitted a response to the discharge authority requesting he be retained or discharged with an honorable discharge. Based on their review of the documentation in the master personnel record, they determined the discharge was consistent with the procedural and substantive requirements of the discharge regulation. Contrary to this assertion, one serious military or civilian offense may be a basis for discharge for misconduct.

  • AF | BCMR | CY2004 | BC-2005-01907

    Original file (BC-2005-01907.doc) Auto-classification: Denied

    On 15 May 1989, the applicant failed to report to his place of duty, for which he received written counseling. Pursuant to the Board’s request, the Federal Bureau of Investigation, Washington, D.C., provided an investigative report which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS states the applicant has not submitted any evidence nor identified any errors or injustices that occurred in the processing of his...