RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02926
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His DD Form 214, Certificate of Release or Discharge from Active Duty,
reflects General (Under Honorable Conditions), as stated in the Uniform
Code of Military Justice (UCMJ), this should be elevated to honorable, as
there has been enough elapsed time.
He has waited the required period of time for a discharge upgrade.
In support of his request, applicant provided a copy of his DD Form
214.
The applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 16 Sep 86, for a period
of six years in the grade of airman basic.
On 8 Jan 88, his squadron commander notified him that he was recommending
his discharge from the Air Force for a pattern of misconduct. The
commander also recommended that the applicant receive a general discharge.
The disciplinary infractions include:
a. On 28 Dec 87, applicant received an Article 15 for destroying
government property. Punishment consisted of reduction in grade to airman
basic, forfeiture of $50.00 pay per month for two months, and 20 days extra
duty.
b. On 28 Nov 87, applicant received a Letter of Counseling (LOC) for
leaving his assigned post without being properly relieved.
c. On 27 Nov 87, applicant received a LOC for poor performance,
attitude, and working relationships.
d. On 20 Aug 87, applicant received a LOC for misappropriation of
government property.
e. On 8 Jul and 19 Mar 87, applicant received LOCs for financial
irresponsibility.
On 13 Jan 88, applicant acknowledged receipt of the notification of
discharge and, after consulting with counsel, submitted statements in his
own behalf.
The Staff Judge Advocate reviewed the case file and found it legally
sufficient to support discharge and recommended a general discharge without
probation and rehabilitation. On 20 Jan 88, the discharge authority
approved the separation and directed a general discharge without probation
and rehabilitation.
Applicant was discharged on 21 Jan 88, in the grade of airman basic (E-1),
under the provisions of AFR 39-10, for Misconduct-Pattern of discreditable
involvement with military or civilian authorities, and received a general
discharge. He served on active duty for one year, four months, and six
days.
Pursuant to the Board’s request on 17 Sep 07, the Federal Bureau of
Investigation (FBI), provided a copy of an Investigative Report, which is
attached at Exhibit C. On 8 Nov 07, a copy of the FBI report was forwarded
to the applicant for review and comment within 30 days, as of this date, no
response has been received by this office. On 20 Nov 07, the AFBCMR
received the 8 Nov 07 letter marked “Return to Sender,” stating the
applicant was paroled and left no return address.
_________________________________________________________________
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. We took notice of the applicant's
complete submission in judging the merits of the case; however, we find no
evidence of an error or injustice that occurred in the discharge
processing. 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. The
applicant has provided no evidence which would lead us to believe the
characterization of the service was contrary to the provisions of the
governing regulation, unduly harsh, or disproportionate to the offenses
committed. 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 that basis. Therefore, in the absence of
evidence to the contrary, we find no basis upon which to recommend granting
the relief sought.
_________________________________________________________________
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-
02926 in Executive Session on 20 December 2007, under the provisions of AFI
36-2603:
Ms. Kathleen F. Graham, Panel Chair
Mr. Wallace F. Beard Jr., Member
Ms. Karen A. Holloman, Member
The following documentary evidence pertaining to Docket Number BC-2007-
02926 was considered:
Exhibit A. DD Form 149, dated 4 Jul 07.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, AFBCMR, dated 8 Nov 07, w/atchs.
KATHLEEN F. GRAHAM
Panel Chair
AF | BCMR | CY2008 | BC-2008-00189
On 28 Mar 88, the applicant’s commander notified him that he was recommending his discharge from the Air Force for Misconduct-drug abuse. His son would not get help. _________________________________________________________________ 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...
AF | BCMR | CY2004 | BC-2004-02034
According to an AFOSI Report of Investigation (ROI), dated 3 Mar 89, an investigation was conducted around the period of 23 Jan - 7 Feb 89. On 6 Mar 89, the commander notified the applicant of his intent to recommend separation with a general discharge based on the Article 15. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice;...
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 | CY2007 | BC-2006-03499
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-03499 INDEX CODE: 106.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 17 May 08 _________________________________________________________________ APPLICANT REQUESTS THAT: His 1988 general discharge be upgraded to honorable. The recommendation was approved on 7 Dec 88.] Although the applicant did not specifically request consideration based on clemency, we...
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 | CY2005 | BC-2005-00585
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005- 00585 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 21 AUGUST 2006 ___________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable. The applicant offered a conditional waiver of the rights associated with an administrative discharge...
AF | BCMR | CY2006 | BC-1998-01144A
ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-1998-01144 INDEX CODE 106.00 XXXXXXX COUNSEL: None XXXXXXX HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: In the applicant’s request for reconsideration, he requests his 1998 dishonorable discharge be upgraded to under-other-than-honorable-conditions (UOTHC) discharge. On 8 Jul 96, the US Air Force Court of...
AF | BCMR | CY2006 | BC-2005-03099
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-03099 INDEX CODE: 110.02 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 15 APR 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to honorable. On 12 Aug 88, the applicant was discharged under the provisions of AFR 39-10 by...
AF | BCMR | CY2009 | BC 2009 01168
In support of his request, applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. On 10 Sep 90, the applicant appeared before the Air Force Discharge Review Board (AFDRB) requesting his general discharge be upgraded to honorable. Exhibit D. Letter, AFBCMR, dated 8 May 09.
AF | BCMR | CY2009 | BC-2009-01168
In support of his request, applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. On 10 Sep 90, the applicant appeared before the Air Force Discharge Review Board (AFDRB) requesting his general discharge be upgraded to honorable. Exhibit D. Letter, AFBCMR, dated 8 May 09.