RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02981
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.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He should not have been convicted. He was informed by military counsel
that his discharge would be upgraded within six months of his discharge.
In support of his request, the applicant provided an Administrative
Decision from the Little Rock, Arkansas Veterans Administration Regional
Office.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 20 August 1971 in the grade
of airman basic. On 25 July 1973, applicant was notified by his commander
of his intent to recommend that he be discharged from the Air Force under
the provisions of AFM 39-12, chapter 2, section b, paragraph 2-15C. The
specific reasons for this action were:
a. On 13 April 1973, he was convicted by special court-martial for
violating a lawful general regulation, by wrongfully selling a dangerous
drug, lysergic acid diethylamide.
b. On 27 March 1973, he was issued a Letter of Reprimand (LOR) for
failing to maintain radio communication with the desk sergeant for a period
of thirty minutes and when his patrol finally established radio contact
with the desk sergeant he gave an incorrect location as his position.
He was advised of his rights in this matter and acknowledged receipt of the
notification. After consulting with counsel he waived his right to a
hearing before an administrative discharge board and elected not to submit
statements on his own behalf. In a legal review of the case file, the
staff judge advocate found the case legally sufficient and recommended
discharge. On 1 August 1973, the discharge authority concurred with the
recommendations and directed discharge with an undesirable discharge.
Applicant was discharged on 16 August 1973. He served 1 year, 8 months and
16 days on active duty.
Pursuant to the Board's request, the Federal Bureau of Investigation (FBI)
provided a copy of an Investigative Report, which is at Exhibit C.
On 27 November 2007, the applicant was provided the opportunity to respond
to the Investigative Report and to provide documentation pertaining to his
post-service activities, within 30 days (Exhibit D). As of this date, no
response has been received by this office.
_________________________________________________________________
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. 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 granting 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 the evidence presented did not demonstrate the
existence of an error or injustice; the application was denied without a
personal appearance; and 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 AFBCMR Docket Number BC-2007-
02981 in Executive Session on 6 February 2008, under the provisions of AFI
36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Mary Jane Mitchell, Member
Ms. Marcy C. Puckett, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 September 2007, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, SAF/MRBC, dated 27 November 2007.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2008 | BC-2007-03922
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03922 INDEX CODE: 106.00 XXXXXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable. The findings and recommendations of the Board were approved on 10 June 1975. ...
AF | BCMR | CY2008 | BC-2008-00498
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00498 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. On 26 Jan 89, the squadron commander notified the applicant that he was recommending he be discharged from the Air Force for commission of a serious...
AF | BCMR | CY2007 | BC-2006-02516
_________________________________________________________________ STATEMENT OF FACTS: Applicant’s master personnel record (MPR) appears to have been lost or destroyed. 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 and adopt their rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice. ...
AF | BCMR | CY2009 | BC-2008-03105
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03105 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable discharge. Applicant’s complete submission is at Exhibit A. Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg,...
AF | BCMR | CY2009 | BC-2008-02977
________________________________________________________________ STATEMENT OF FACTS: Applicant enlisted in the Regular Air Force on 31 January 1973. In response to the request, applicant provided personal statements for the Board to consider, which are attached at Exhibit E. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. Exhibit E. Letter, Applicant, not dated, w/atch.
AF | BCMR | CY2007 | BC-2006-03270
In a legal review of the discharge case file dated 10 Oct 84, the staff judge advocate found the file was legally sufficient and recommended that the applicant be separated from the service with a general discharge. On 19 Aug 82, the applicant was discharged with a general under honorable conditions discharge. 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...
AF | BCMR | CY2008 | BC-2007-02931
On 4 February 1983, applicant was notified by his commander of his intent to recommend that he be discharged from the Air Force under the provisions of AFR 39-10, paragraph 5-47. For this offense he received an LOR on 2 December 1982. f. On or about 17 December 1982, he failed to report for duty. Exhibit E. Letter, Applicant, dated 26 December 2007.
AF | BCMR | CY2008 | BC-2008-00157
In support of his appeal, he has provided copies of two VA Form 21-4138s, Statement in Support of Claim, a DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States, two letters from the American Legion submitting his application, a personal statement, his DD Form 214, his rebuttal to his discharge, the reverse side of an Airman Performance Report (APR) with comments and signatures dated 28 December 1984, a letter from the discharge authority directing...
AF | BCMR | CY2008 | BC-2007-03045
In his application dated 12 January 2008, applicant requests that his undesirable discharge be upgraded to an honorable discharge. On 24 July 2008, the Board staff requested the applicant provide documentation pertaining to his post-service activities, within 30 days (Exhibit B). Regarding his request for a medical discharge; other than his own assertions, insufficient evidence has been provided which would lead us to believe that at the time of his separation, a physical condition existed...
AF | BCMR | CY2003 | BC-2002-01967
Other than the applicant’s attached brief and a copy of his Certificate of Military Service obtained from NPRC, the facts leading to the discharge are not available in his records. On 7 December 1979 the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request for an upgrade of his undesirable discharge to an honorable discharge. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the...