RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03798
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
His discharge was unjust due to intimidation by his commanding
officer, staff judge advocate, and the attorney assigned to him.
He was told he could face a dishonorable discharge and prison
time in Leavenworth for one positive urine test. One isolated
incident is all that was against him.
He states he had reenlisted, had excellent reviews, and
experienced no further problems at his assignment. During the
next eight months, they continued to monitor him, finding
nothing.
He felt boxed in and was not going to agree to punishment for
something he did not do. His decision has and will continue to
affect his life.
The applicant's complete submission is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 23 Mar 81 and
served for a period of 5 years, 4 months and 23 days.
The applicant received an Article 15, Record of Nonjudicial
Punishment, on 20 May 82, for possession of marijuana. His
punishment consisted of a suspended reduction in grade to
airman, forfeiture of $100 per month for two months, restriction
to the base for 45 days, and reprimand.
On 11 Apr 86, court-martial charges were preferred against the
applicant for his wrongful use of marijuana on or before 15 Jan
86.
On 30 Jun 86, and after consulting counsel, he requested
discharge in lieu of trial by court-martial under the provisions
of AFR 39-10, Chapter 4.
On 30 Jul 86, the staff judge advocate found the case legally
sufficient and recommended his service be characterized as
general.
On 7 Aug 86, the discharge authority approved his request and
directed discharge with a general discharge. He was discharged
on 15 Aug 86.
On 25 Aug 89, the Discharge Review Board denied his request for
an upgrade of his discharge.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
624362DC7, which is at Exhibit C. On 22 Jan 08, a copy of the
FBI report was forwarded to the applicant for review and comment
within 30 days.
On 22 Jan 08, a request for information pertaining to his post-
service activities was forwarded to the applicant for response
within 30 days.
________________________________________________________________
_
APPLICANT'S REVIEW OF FBI REPORT:
The applicant states it was raining hard and he lost control of
his vehicle. On 8 Mar 05, he was found not guilty of driving
under the influence; however, he did agree to reckless driving
because he felt he did have that responsibility. In support of
his request, the applicant provided a resume, character
references, letters from Central Carolina Community College, a
copy of a recognition award, and a copy of his emergency medical
technician grade report.
The applicant's complete response, with attachments, 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. After careful
consideration of the available evidence, we find no impropriety
in the characterization of applicants discharge. It appears
that responsible officials applied appropriate standards in
effecting the separation, and we do 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. Although the applicant has provided some statements
concerning post-service conduct and a letter of explanation
regarding the driving charge referred to in the FBI report, the
Board finds these statements insufficient to warrant an upgrade
of his discharge on the basis of clemency. We conclude,
therefore, that the discharge proceedings were proper and
characterization of the discharge was appropriate to the
existing circumstances. Therefore, in the absence of evidence
to the contrary, we find no compelling basis to recommend
granting the relief sought in 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 Docket Number BC-
2007-03798 in Executive Session on 28 February 2008, under the
provisions of AFI 36-2603:
Mr. XXXXXXXXXXXX, Panel Chair
Mr. XXXXXXXXXXXX, Member
Ms. XXXXXXXXXXXX, Member
The following documentary evidence was considered for Docket
Number BC-2007-03798:
Exhibit A. DD Form 149, dated 9 Nov 07.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, AFBCMR, w/atchs, dated 22 Jan 08.
Exhibit E. Letter, Applicant, w/atchs, not dated.
XXXXXXXXXXXXXX
Panel Chair
AF | BCMR | CY2008 | BC-2007-02819
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02819 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation be changed. Applicant’s complete submission, with attachments, is at Exhibit A. Exhibit D. Letter, AFBCMR, dated 13 Feb 08.
AF | BCMR | CY2009 | BC-2009-02355
Based on the available evidence of record, it appears the applicant’s General (Under Honorable Conditions) discharge for unsatisfactory performance was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority. In view of the foregoing, and in the absence of evidence to the contrary, we conclude that no basis exists to upgrade the applicant’s General (Under Honorable Conditions) discharge. Exhibit D. Letter, AFBCMR, dated 31...
AF | BCMR | CY2008 | BC-2007-03866
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03866 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to an honorable discharge. On 22 Sep 86, the applicant received a Letter of Counseling (LOC) for failing to report at the prescribed time to a military doctor and his...
AF | BCMR | CY2008 | BC-2007-02864
In a legal review of the discharge case file, the staff judge advocate found it legally sufficient and recommended that he be discharged from the Air Force with a general discharge and concurred with the evaluation officer that the applicant not be considered for probation and rehabilitation. Exhibit D. Letter, AFBCMR, dated 29 Nov 07. Exhibit E. Letter, AFBCMR, dated 29 Nov 07, w/atch.
AF | BCMR | CY2007 | BC 2007 03554
On 18 Aug 88, the applicant was counseled on his financial responsibilities. On 17 Dec 07, a request for post-service information was forwarded to the applicant for response within 30 days. Exhibit D. AFBCMR Letter, w/atchs, dated 17 Dec 07.
AF | BCMR | CY2008 | BC 2008 00528
On 18 May 1987, the applicant submitted an unconditional waiver of his right to an administrative discharge board hearing. On 2 October 1997, the Air Force Discharge Review Board (AFDRB) considered and denied the applicants request to upgrade his discharge. On 22 May 2008, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days (Exhibit D).
AF | BCMR | CY2009 | BC-2008-01472
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-01472 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO ______________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge. On 20 Dec 88, the applicant appealed to the AFDRB to have his UOTHC discharge upgraded to honorable. The AFDRB considered the evidence...
AF | BCMR | CY2007 | BC-2007-01915
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01915 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 22 DEC 08 _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable discharge. Applicant was involved in a traffic accident on 18 July 1985 which resulted in him being cited by...
AF | BCMR | CY2007 | BC-2007-00091
DPPRS states that based on the documentation on file in the applicant’s master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation. Additionally, the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, and he provided no facts warranting a change to his RE code, character of service, or narrative reason for separation The complete DPPRS evaluation is at...
AF | BCMR | CY2008 | BC-2007-02926
On 20 Jan 88, the discharge authority approved the separation and directed a general discharge without probation and rehabilitation. Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend the relief sought on...