RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02105
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 8 JANUARY 2009
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not receive adequate counseling on the options available to him, the
consequences of the discharge and how he could appeal the discharge
In support of his appeal, applicant submitted a copy of his DD Form 214,
Report of Separation from Active Duty and Department of Veterans Affairs
Form 26-8320, Certificate of Eligibility for Loan Guaranty Benefits.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 23 June 1975, as an
airman basic for a period of six years.
On 25 July 1978, the applicant’s commander notified him that he was
recommending his discharge from the Air Force (AF) under the provisions of
Air Force Manual (AFM) 39-12, Chapter 2, Section A, paragraph 2-4c,
Defective Attitude. The specific reasons for the discharge action were:
a. On 23 June 1978, the applicant received Article 15 punishment
for failure to go at the time prescribed to his appointed place of duty.
b. On 7 June 1978, the applicant received Article 15 punishment
for wrongfully having in his possession marijuana, on or about 4 June 1978.
c. On 7 June 1978, the applicant received a Letter of Reprimand
for leaving the local area two days prior to the commencement of his leave.
On 1 August 1978, an evaluation officer interviewed the applicant and found
him to be unsuitable for further military service due to a failure to
maintain prescribed military standards. He further recommended the
applicant be discharged with a general discharge without probation and
rehabilitation.
On 7 August 1978, the staff judge advocate reviewed the case and found it
legally sufficient to support separation and recommended the applicant
receive a general discharge without probation and rehabilitation.
On 15 August 1978, the discharge authority directed the applicant be
discharged with a general discharge with probation and rehabilitation.
The applicant was discharged on 25 August 1978. He served a total of 3
years, 7 months and 20 days on active duty.
Pursuant to the Board’s request, the Federal Bureau of investigation,
indicated on the basis of the data furnished they were unable to locate an
arrest record (Exhibit C).
The applicant provided a personal statement and a character reference in
response to the Board’s request to provide documentation regarding his
activities since leave military service (Exhibit F).
_________________________________________________________________
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. Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice. We have thoroughly reviewed the circumstances
surrounding the applicant's discharge. We find no impropriety in the
characterization of applicant's discharge. Considered alone, we conclude
the discharge proceedings were proper and characterization of the discharge
was appropriate to the existing circumstances. Consideration by this
Board, however, is not limited to the events which precipitated the
discharge. We may base our decision on matters of equity and clemency
rather than simply on whether rules and regulations which existed at the
time were followed. Under our broader mandate and after careful
consideration of all the facts and circumstances of applicant's case, we
are persuaded that corrective action is appropriate on the basis of
clemency. We therefore conclude that applicant's discharge should be
upgraded to honorable.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that on 25 August 1978, he was honorably
discharged and furnished an Honorable Discharge certificate
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2007-
02105 in Executive Session on 11 October 2007 under the provisions of AFI
36-2603:
Mr. Wayne R. Gracie, Panel Chair
Ms. B J White-Olson, Member
Mr. Mark J. Novitski, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 June 2007, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Negative FBI Investigative Report.
Exhibit D. Extract AFM 39-12.
Exhibit E. Letter, AFBCMR, dated 29 August 2007.
Exhibit F. Letter, Applicant, undated.
WAYNE R. GRACIE
Panel Chair
AFBCMR BC-2007-02105
MEMORANDUM FOR THE CHIEF OF STAFF
Under the authority of Section 1552, Title 10, United States Code
and Air Force Instruction 36-2603, and having assured compliance with
the provisions of the above regulation, the decision of the Air Force
Board for Correction of Military Records is announced, and it is
directed that:
The pertinent military records of the Department of the Air Force
relating to , be corrected to show that on 25 August 1978, he
was honorably discharged and furnished an Honorable Discharge
certificate.
JOE G.
LINEBERGER
Director
Air Force Review
Board Agency
AF | BCMR | CY2007 | BC-2007-01361
A legal review was conducted on 13 October 1972, in which the staff judge advocate recommended applicant be allowed to withdraw his request for an administrative discharge board, be discharged for unfitness and furnished an undesirable discharge, and that no further rehabilitative procedures be attempted. On 8 February 1979, applicant appealed to the Air Force Discharge Review Board (AFDRB), requesting that his records be reviewed and his discharge be upgraded to honorable. Exhibit B.
AF | BCMR | CY2004 | BC-2003-01143
He further acknowledged he understood he could receive a discharge under conditions other than honorable and receive an undesirable discharge that could deprive him of any rights to receive veterans’ benefits in the future. On 30 August 1957, the base and wing commanders recommended approval of the applicant’s discharge with an undesirable discharge. The discharge authority approved the discharge on 9 September 1957 and ordered an Under Other Than Honorable Conditions...
AF | BCMR | CY2006 | BC-2006-00295
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 she provided no facts warranting an upgrade of her discharge. Exhibit C. Letter, HQ AFPC/DPPRS, dated 15 Feb 06.
AF | BCMR | CY2008 | BC-2007-03192
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03192 INDEX CODE: 110.02 COUNSEL: None HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to an honorable discharge and the narrative reason for separation changed. DPSOS states the applicant has not submitted any evidence or identified any errors...
AF | BCMR | CY2008 | BC-2007-02975
On 4 Mar 72, the applicant’s commander notified him that he was recommending his discharge from the Air Force for unsuitability. The complete AFPC/DPSD evaluation is at Exhibit E. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the Air Force evaluations and states his discharge was based entirely on his mental disability. The applicant's case was not eligible for a referral for a Medical Evaluation Board...
AF | BCMR | CY2006 | BC-2006-00424
___________________________________________________________________ STATEMENT OF FACTS: Applicant enlisted in the Regular Air Force on 19 Apr 74, in the grade of airman basic (E-1), for a period of six years. Punishment imposed was a reduction in grade to airman (E-2) and forfeiture of $100 for one month; (10) O/a 3 and 4 Apr 78, applicant received an Article 15 for failure to go to his prescribed place of duty on time. Pursuant to the Board’s request, the Federal Bureau of Investigation,...
AF | BCMR | CY2006 | BC-2006-00299
The board recommended he be discharged because of unsatisfactory duty performance with a general discharge without rehabilitation. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting upgrading the applicant’s discharge. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of an error or injustice and...
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 | CY2006 | BC-2006-00599
The discharge authority approved the separation and directed the applicant be discharged with an honorable discharge without probation and rehabilitation. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS recommends the application be denied and states 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. He provided...
AF | BCMR | CY2008 | BC-2007-02986
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02986 INDEX CODE: 107.00 COUNSEL: NOT INDICATED HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect award of the Vietnam Service Medal (VSM) and all overseas service medals he is entitled. The complete DPSIDR evaluation is at Exhibit...