RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00937
INDEX CODE: 110.02
XXXXXXXXXXXXXX COUNSEL: None
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 29 September 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He never received legal counsel for his discharge and believes his
discharge was too harsh. He admits he received a Letter of Reprimand
(LOR); however, he was never demoted and he received a good conduct medal.
In support of his request, applicant provided a copy of his DD Form 214,
Certificate of Release or discharge From Active Duty, and DD form 293,
Application for the Review of Discharge or Dismissal from the Armed Forces
of the United States.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
According to the DD Form 214 submitted by the applicant, he enlisted in the
Air Force at the age of 20 on 27 February 1987 for a period of six years.
On 7 January 1992, the applicant was discharged with a general (under
honorable conditions) discharge with a narrative reason for separation of
“Misconduct – Pattern Conduct Prejudicial to Good Order and discipline.”
He served for a period of 4 years, 10 months, and 11 days.
No other military service records can be located; therefore, an Air Force
advisory opinion was unable to be accomplished. The applicant did not
submit information surrounding his discharge.
Pursuant to the Board’s request, the FBI indicated that on the basis of the
data furnished, they were unable to locate an arrest record pertaining to
the applicant.
On 19 April 2007, the applicant was given the opportunity to submit
comments about his post service activities (Exhibit D). As of this date,
this office has received no response.
_________________________________________________________________
AIR FORCE EVALUATION:
None. The applicant has not shown the characterization of his discharge
was contrary to the provisions of AFR 39-10, Administrative Separation of
Airmen, paragraph 5-57b (Pattern of Misconduct – Conduct Prejudicial to
Good Order and Discipline) (extract copy of applicable portion attached as
Exhibit C). Nor has he shown the nature of the discharge was unduly harsh
or disproportionate to the offenses committed.
_________________________________________________________________
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 characterization of 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.
_________________________________________________________________
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 this application in Executive
Session on 5 June 2007, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Marcia Jane Bachman, Member
Ms. Mary C. Puckett, Member
The following documentary evidence was considered for AFBCMR Docket Number
BC-2007-00937:
Exhibit A. DD Form 149, dtd 23 Mar 07, w/atchs.
Exhibit B. Letter, Records Request, dtd 29 Mar 00.
Exhibit C. Excerpt of AFR 39-10, dtd 1 Oct 84.
Exhibit D. Letter, SAF/MRBR, dtd 20 Apr 07, w/atch.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2007 | BC-2007-01155
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01155 INDEX CODE: 110.02 xxxxxxxxxx COUNSEL: None HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 14 OCTOBER 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. On 1 October 1984, the discharge authority approved the conditional waiver and directed the...
AF | BCMR | CY2007 | BC-2007-01801
On 29 March 1989, the discharge authority directed he be discharged with a general discharge. On 1 December 1989, the Air Force Discharge Review Board reviewed and denied the applicant’s request that his discharge be upgraded to honorable. _________________________________________________________________ The following members of the Board considered Docket Number BC-2007-01801 in Executive Session on 26 July 2007, under the provisions of AFI 36-2603: Ms. B J White-Olson, Panel Chair Ms....
AF | BCMR | CY2007 | BC-2007-01277
On 10 August 1987, the commander signed a recommendation to the discharge authority for the applicant’s discharge based on misconduct under AFR 39-10, paragraph 5-46 with a general discharge. On 8 September 1987, the applicant was discharged with a general (under honorable conditions) discharge with a narrative reason for separation of “Misconduct – Pattern of Minor Disciplinary Infractions” and a reenlistment eligibility (RE) code of “2B” (discharged under general conditions). The...
AF | BCMR | CY2007 | BC-2007-01455
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01455 INDEX CODE: 107.00 COUNSEL: NO HEARING DESIRED: NO MANDATORY COMPLETION DATE: 11 OCTOBER 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: The following corrections be made to his DD 214: 1) His rank be corrected to Sergeant (E-4); 2) He be awarded the Air Force Commendation Medal, the Combat Readiness Medal (CRM), the Utah Air...
AF | BCMR | CY2007 | BC-2007-00847
In a similar appeal, the service-member requested his undesirable discharge be upgraded to honorable by the Air Force Discharge Review Board (AFDRB). As of this date, this office has received no response (Exhibit D). We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for the conclusion that the applicant has not...
AF | BCMR | CY2006 | BC-2006-02861
Applicant’s commander notified him on 22 May 1987 that she was recommending his discharge for misconduct, specifically, a pattern of misconduct prejudicial to good order and discipline, and that she was recommending his service be characterized as general. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a copy of an Investigation Report which is at Exhibit C. ________________________________________________________________ AIR FORCE...
AF | BCMR | CY2007 | BC-2007-01854
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01854 INDEX CODE: 106.00 XXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 11 December 2008 ________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable. On 28 August 1984, applicant was discharged in the grade of Staff Sergeant (E-5), with an...
AF | BCMR | CY2007 | BC-2007-02240
On 23 Jun 58, the Air Force Discharge Review Board denied the applicant’s request for a discharge upgrade. Considered alone, we conclude the discharge proceedings were proper and the characterization of the discharge was appropriate to the existing circumstances. Therefore, the Board Majority recommends the applicant’s discharge be upgraded to general (under honorable conditions) as a matter of equity and on the basis of clemency.
AF | BCMR | CY2007 | BC-2007-02044
________________________________________________________________ APPLICANT CONTENDS THAT: He was only 17 when he entered the military, and he was not convicted in any military court. _______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 17 December 1953, he was discharged with service characterized as general (under honorable conditions). ...
AF | BCMR | CY2006 | BC-2006-03497
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-03497 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 18 May 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: Her under honorable conditions (general) discharge be upgraded to an honorable discharge. The bases for the recommendation were: (1) she received an Article 15 for failure to go. ...