Search Decisions

Decision Text

AF | BCMR | CY2008 | BC-2008-00203
Original file (BC-2008-00203.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2008-00203
            INDEX CODE:  110.00
            COUNSEL: NONE
            HEARING DESIRED:  NO
_________________________________________________________________

APPLICANT REQUESTS THAT:

His under  honorable  conditions  (general)  discharge  be  upgraded  to  an
honorable discharge.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He  request  his  general  discharge  be  upgraded  to  honorable  based  on
clemency.

In support of his appeal, applicant submitted a copy of  his  DD  Form  293,
Application for the Review of Discharge or Dismissal from the  Armed  Forces
of the United States and character reference statements.

Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 21 Jun 84  for  a  period
of four years.

On 12 Feb 86, his commander  notified  him  that  he  was  recommending  his
discharge from the Air Force for a  pattern  of  misconduct  prejudicial  to
good order and discipline.  The specific reasons for  the  discharge  action
were:

      a.    On 17 Jul 85, he  received  a  Letter  of  Reprimand  (LOR)  for
failing to report for duty.

      b.    On 5  Dec  85,  he  received  an  LOR  for  wrongful  use  of  a
Department of Defense (DOD) telephone.

      c.    On 10 Dec 85, he received an LOR for failing to  receive  a  flu
shot.

      d.    On 15 Jan 86, he received an  LOR  for  failing  to  report  for
duty.

      e.    On 22 Jan 86, he received an LOR for disobeying a lawful order.

      f.    On 6 Feb 86, he received an  Article  15  for  leaving  and  not
giving a number where to be reached while on telephone  standby.   For  this
misconduct his punishment consisted of reduction in rank, forfeiture of  pay
and restriction to the limits of the base.

His commander advised him of his rights in this matter.

On 14 Feb 86, he acknowledged receipt of the notification of  discharge  and
after consulting with legal counsel waived his rights to  submit  statements
in his own behalf.

On 18 Feb 86, a  legal  review  was  conducted  in  which  the  staff  judge
advocate recommended discharge with a general  discharge  without  probation
and rehabilitation.

On 20 Feb 86, the discharge authority  directed  discharge  with  a  general
discharge without probation and rehabilitation.

The applicant was discharged on 21  Feb  86.   He  served  one  year,  eight
months and one day on active duty.

On 16 Dec 87, the applicant appealed  to  the  Air  Force  Discharge  Review
Board (AFDRB) to have his general discharge upgraded.  The  AFDRB  concluded
his  discharge  was  consistent  with   the   procedural   and   substantive
requirements of the discharge regulation and was within  the  discretion  of
the discharge authority and that he was  provided  full  administrative  due
process.

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 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  error  or  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 of this Board, however, is not limited to  the
events which precipitated the discharge.  Further, 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
as a matter of equity and 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  21  February  1986,  he  was
honorably discharged and furnished an Honorable Discharge certificate.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2008-
00203 in Executive Session on 8 Apr 08 under the provisions of AFI 36-2603:

                       Ms. Rita S. Looney, Panel Chair
                       Ms. Karen A. Holloman, Member
                       Mr. Garry G. Sauner, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 1 Jan 08, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Negative Reply, dated 30 Jan 08.




                             RITA S. LOONEY
                             Panel Chair







AFBCMR BC-2008-00203



MEMROANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116) it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to               , be corrected to show that on 21
February 1986, he was honorably discharged and furnished an Honorable
Discharge Certificate.




                                                         JOE G.
LINEBERGER
                                                         Director
                                                         Air Force
Review Board Agency

Similar Decisions

  • AF | BCMR | CY2008 | BC-2008-00172

    Original file (BC-2008-00172.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00172 INDEX CODE: 110.00 XXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge. In support of his request, applicant provided a personal statement, documentation associated with the Court of...

  • AF | BCMR | CY2005 | BC-2005-00585

    Original file (BC-2005-00585.doc) Auto-classification: Denied

    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 | CY2003 | BC-2002-02807

    Original file (BC-2002-02807.doc) Auto-classification: Denied

    Applicant was discharged from the Air Force on 7 Jun 85. He petitioned the Air Force Discharge Review Board (AFDRB) to upgrade his discharge to honorable in 1993. We find no evidence of error in this case and after thoroughly reviewing the evidence of record, we do not believe he has been the victim of an injustice.

  • AF | BCMR | CY2004 | BC-2004-02125

    Original file (BC-2004-02125.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02125 INDEX NUMBER: 110.00 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge be upgraded to an under honorable conditions (general) discharge. The military judge found him guilty on all charges and sentenced him to a bad conduct discharge (BCD), confinement for 18...

  • AF | BCMR | CY2005 | BC-2005-01000

    Original file (BC-2005-01000.doc) Auto-classification: Denied

    On 22 Oct 01, applicant received a letter of counseling for failing to do CQ inventory. On 31 Oct 02, the applicant submitted an application to the Air Force Discharge Review Board (AFDRB) requesting his under honorable conditions (general) discharge be upgraded to honorable. ___________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice;...

  • AF | BCMR | CY2007 | BC-2007-02037

    Original file (BC-2007-02037.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02037 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 30 DEC 08 _________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to an honorable discharge. On 14 Feb 91, the applicant’s commander notified him that he was recommending he be discharged from the Air Force...

  • AF | BCMR | CY2008 | BC-2007-02498

    Original file (BC-2007-02498.doc) Auto-classification: Denied

    On 25 May 00, applicant appeared before the Air Force Discharge Review Board (AFDRB) requesting that his discharge be upgraded to honorable and his RE code be changed to allow his return to military service. The Board found that neither the evidence of record nor that provided by the applicant substantiated an inequity or impropriety that would justify a change of discharge or an upgrade of his RE code. The Board further concluded that no legal or equitable basis exists for an upgrade of...

  • AF | BCMR | CY2007 | BC-2007-01602

    Original file (BC-2007-01602.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01602 INDEX CODE: 110.00 COUNSEL: NO HEARING DESIRED: NO MANDATORY COMPLETION DATE: 24 OCTOBER 2008 ________________________________________________________________ APPLICANT REQUESTS THAT: His general discharge be upgraded to honorable. In support of his application, the applicant submits a copy of his DD 214 and his application to the Air Force Discharge Review Board. ...

  • AF | BCMR | CY2013 | BC-2012-03513

    Original file (BC-2012-03513.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03513 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend...

  • AF | BCMR | CY2013 | BC 2013 01761

    Original file (BC 2013 01761.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01761 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. On 16 Aug 89, the applicant applied to the Air Force Discharge Review Board (AFDRB) requesting that his discharge be upgraded to honorable. As of this date, no response...