Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2005-03758
Original file (BC-2005-03758.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03758
            INDEX CODE:  100.03
      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE: 11 JUNE 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was told the discharge would be upgraded after  six  months.   She
cooperated with everything she was told to do.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
17 August 1988 for a period of four years and progressed to the  grade
of airman first class.

On 11 June 1990, she  was  notified  by  her  commander  that  he  was
recommending her for a discharge for a pattern of  minor  disciplinary
infractions  and  recommended  a  general  discharge  based   on   the
following:

      (1) On 17 April 1989, the applicant received a Memo  for  Record
for being late for work.

      (2)  On  18  May  1989,  the  applicant  received  a  Letter  of
Counseling for reporting late for work.

      (3) On 5 June 1989, the applicant received a Letter of Reprimand
for reporting for duty over two hours late.

      (4) On  26  June  1989,  the  applicant  received  a  Letter  of
Reprimand for exceeding the speed limit on Eglin AFB by 19 MPH.

      (5) On 13 July 1989, the applicant received an  Article  15  for
failure to go at the prescribed time to her appointed place of duty.

      (6) On 28 July 1989, the  applicant’s  Base  Driving  Privileges
were suspended for 30 days for traffic violations.

      (7) On 31 October 1989,  the  applicant  received  a  Letter  of
Reprimand for maintaining her  dormitory  room  in  an  unsatisfactory
condition.

      (8) On 2 November 1989,  the  applicant  received  a  Letter  of
Counseling for financial irresponsibility.

      (9) On 8 February 1990,  the  applicant  received  a  Letter  of
Reprimand  for  being  arrested  by  the  Okaloosa  County   Sheriff’s
Department for uttering a worthless check.

      (10) On  31  May  1990,  the  applicant  received  a  Letter  of
Reprimand for wrongful use, possession and distribution of  controlled
substances.

Applicant acknowledges receipt of notification of discharge and  after
consulting  with  legal  counsel  she  waived  her  right  to   submit
statements in her own behalf. The base legal office reviewed her case,
found it legally sufficient to support separation, and recommended the
applicant receive a general  (under  honorable  conditions)  discharge
without probation and rehabilitation.

The discharge authority  approved  the  separation  and  directed  the
applicant be discharged with a general  (under  honorable  conditions)
discharge without probation and rehabilitation.

On 12 July 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. She served 1 year, 10 months and 26 days of total
active military service.

Pursuant to the Board's request, the Federal Bureau  of  Investigation
(FBI), Clarksburg, WV, provided an investigative report pertaining  to
the applicant (Exhibit E).

_________________________________________________________________

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. She provided no facts warranting a change to her character
of service.

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
30 December 2005, for review and comment within 30 days.  As  of  this
date, no response has been received by this office.

A copy of the FBI was forwarded to the applicant on 9  February  2006,
for review and comment within 14 days.

_________________________________________________________________

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. After careful consideration of
the available evidence, we found no indication that the actions  taken
to affect her discharge were improper or contrary to the provisions of
the governing regulations in effect at the time, or that  the  actions
taken against the applicant were based on factors other than  her  own
misconduct.  In  addition,  in  view  of  the  contents  of  the   FBI
Identification Record we are not persuaded that  the  characterization
of the applicant’s discharge warrants an upgrade  to  general  on  the
basis of clemency. 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.

_________________________________________________________________

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-
2005-03758 in Executive Session on 8 March 2006, under the  provisions
of AFI 36-2603:

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

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 15 Oct 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 22 Dec 05.
      Exhibit D. Letter, SAF/MRBR, dated 30 Dec 05.
      Exhibit E. FBI Report, dated 24 Jan 06.
      Exhibit F. AFBCMR Letter, dated 9 Feb 06.




      KATHY L. BOOCKHOLDT
      Panel Chair

Similar Decisions

  • 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 | CY2005 | BC-2005-02244

    Original file (BC-2005-02244.doc) Auto-classification: Denied

    The commander indicated in his recommendation for discharge action that before recommending the discharge, he [the commander], the first sergeant, and the applicant’s supervisors had verbally counseled the applicant concerning exactly what the Air Force, her squadron, and everyone concerned, expected of her as an active duty member in the United States Air Force. On 12 August 2005, the Board staff requested the applicant provide post- service documentation within 20 days (Exhibit F). ...

  • 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...

  • AF | BCMR | CY2007 | BC-2006-03677

    Original file (BC-2006-03677.doc) Auto-classification: Denied

    On 19 December 1960, he was notified by his commander that he was recommending he be discharged from the Air Force under the provisions of AFR 39-16, Discharge for Unsuitability. ________________________________________________________________ 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...

  • AF | BCMR | CY2005 | BC-2005-00651

    Original file (BC-2005-00651.doc) Auto-classification: Denied

    Additionally, the applicant’s base driving privileges were suspended. In addition, based on his overall record of service, the contents of the FBI Report of Investigation, and the absence of evidence related to his post-service activities and accomplishments, we are not persuaded that an upgrade of the characterization of his discharge is warranted on the basis of clemency. Exhibit E. Letter, SAF/MRBR, dated 25 Mar 05.

  • AF | BCMR | CY2006 | BC-2006-02153

    Original file (BC-2006-02153.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02153 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 21 JANUARY 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: Her general (under honorable conditions) discharge be upgraded to honorable. On 27 March 1989, the discharge authority directed that she be discharged with a general under honorable...

  • AF | BCMR | CY2004 | BC-2004-02395

    Original file (BC-2004-02395.doc) Auto-classification: Denied

    On 30 October 1975, the Numbered AF commander approved the discharge, without P&R. On 6 December 1978, the Air Force Discharge Review Board (AFDRB) considered and denied applicant’s request to have his discharge upgraded. At that time, the applicant was also invited to provide additional evidence pertaining to his activities since leaving the service (Exhibit F).

  • AF | BCMR | CY2005 | BC-2005-02695

    Original file (BC-2005-02695.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-02695 INDEX CODE: 110.02 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 28 FEB 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: Her general (under honorable conditions) discharge be upgraded to honorable. As of this date, no response has been received by this office (Exhibit D). ...

  • AF | BCMR | CY2006 | BC-2005-03367

    Original file (BC-2005-03367.doc) Auto-classification: Denied

    ________________________________________________________________ STATEMENT OF FACTS: On 10 March 1981, the applicant enlisted in the Regular Air Force at the age of 18 in the grade of airman basic for a period of 6 years. For this offense, she received a Letter of Counseling (LOC). We conclude, therefore, that the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.

  • AF | BCMR | CY2005 | BC-2005-00335

    Original file (BC-2005-00335.doc) Auto-classification: Denied

    The administrative discharge board recommended that applicant be discharged with a general (under honorable conditions) discharge without probation and rehabilitation. The discharge authority approved the separation and directed the applicant be discharged with a general (under honorable conditions) discharge without probation and rehabilitation. Applicant reviewed the FBI report and stated that he was in his house at the time of the alleged incident in question.