RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03697
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded to
general or honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He is an academy graduate. He was charged with being Absent Without Leave
(AWOL), however, he was on orders.
No supporting documents.
The applicant’s complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
In Oct 86, charges of AWOL, failure to go to an appointed place of duty,
making a false official statement, and conduct unbecoming an officer and a
gentleman by making another false official statement were preferred. An
Article 32, UCMJ, investigation was conducted and resulted in a
recommendation for trial by general court-martial.
On 14 Jan 87, the applicant tendered his voluntary resignation for the good
of the service under AFR 36-12, Chapter 2, Section D and table 2-8, rule 1.
His eligibility was based on allegations of misconduct that rendered him
triable by court-martial. On 8 Apr 87, the applicant was discharged with
an under other than honorable conditions discharge. He was credited with 5
years 3 months and 21 days of active duty service.
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 18
Jan 08, 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.
________________________________________________________________
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 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 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 20 March 2008, under the provisions of AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Ms. Renee M. Collier, Panel Member
Ms. Lea Gallogly, Panel Member
The following documentary evidence was considered in AFBCMR BC-2007-03697:
Exhibit A. DD Form 149, dated 30 Oct 07.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letters, AFBCMR, dated 18 Jan 08 w/atch.
JAMES W. RUSSELL III
Panel Chair
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 | CY2009 | BC-2009-01811
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 UOTHC discharge. 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...
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 | CY2008 | BC-2007-03533
74 dated 15 Jul 49 and the applicant was discharged from the Air Force on 15 Jul 49 with an undesirable discharge. In response to the Board’s request, the FBI indicated they were unable to identify with an arrest record pertaining to the applicant on the basis of information furnished (Exhibit C). To date, no response has been received (Exhibit D).
AF | BCMR | CY2007 | BC-2007-00991
On 17 November 1952, the applicant was notified of his commander’s intent to recommend him for discharge from the Air Force under the provisions of Air Force Regulation (AFR) 39-22 for a conviction by a civil court. The applicant has not shown the characterization of his discharge was contrary to the provisions of AFR 39-22, Enlisted Personnel, Disposition of Individuals Convicted by Civil Court (Exhibit D). The applicant in response to the FBI report submitted a letter clarifying the...
AF | BCMR | CY2008 | BC-2007-03301
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03301 INDEX CODE: 110.02 XXXXXXXXXXXX COUNSEL: None HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ STATEMENT OF FACTS: On 3 Oct 78, the applicant enlisted in the Regular Air...
AF | BCMR | CY2008 | BC-2007-02621
On 26 Aug 87, he submitted a conditional waiver of his rights associated with an administrative discharge board. On 26 Nov 07, the Board staff requested the applicant provide documentation concerning his activities since leaving military service (Exhibit D). However, after a thorough review of the applicant's submission and the evidence of record, we see no evidence of any extenuating circumstances in this case.
AF | BCMR | CY2008 | BC-2007-03103
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03103 INDEX CODE: 110.00 COUNSEL: NOT INDICATED HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His characterization of service be upgraded from general (under honorable conditions) to honorable. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We considered...
AF | BCMR | CY2008 | BC-2008-00503
On 26 January 1990, the applicant’s commander notified him he was recommending him for an under honorable conditions (general) discharge for fraudulent entry. The applicant admitted he falsified portions of two DD Form 398s, DD Forms 1966/3 and 1966/5, Record of Military Processing–United States Armed Forces, and a DD Form 4/2, Enlistment/Reenlistment Document–Armed Forces of the United States. ________________________________________________________________ THE BOARD DETERMINES THAT: The...
AF | BCMR | CY2009 | BC-2008-03234
On 22 Jun 84, the board agreed with the findings and recommendations of the applicant’s commander. 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. Exhibit E. Letter, Applicant, not dated.