Search Decisions

Decision Text

AF | BCMR | CY2008 | BC-2008-00441
Original file (BC-2008-00441.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2008-00441
            INDEX CODE:  110.00
            COUNSEL: NONE
            HEARING DESIRED:  YES

______________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be  upgraded  to
a under honorable conditions (general) discharge.

______________________________________________________________

APPLICANT CONTENDS THAT:

He had a substance abuse problem in 1989 and was  discharged  from  the  Air
National Guard (ANG).  There was no treatment  or  rehabilitation  available
for Reservist.  He entered into treatment in November 1989.   He  is  now  a
certified substance abuse counselor.

In support of his appeal, applicant submitted a copy of his  DD  Form  214,
Report of Separation from Active Duty, NGB Form 22, Department of the  Army
and the Air Force National Guard Bureau Report of Separation and Record  of
Service, a personal statement and a  National  Archives  (NA)  Form  13059,
Transmittal of and/or Entitlement to Awards.

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

______________________________________________________________

STATEMENT OF FACTS:

The NGB Form 22 submitted by the applicant reflects he  served  in  the  ANG
from 19 Mar 75 through 1 Oct 89.  He was  discharged  for  misconduct  (drug
abuse).  He served 14 years, 6 months and 13 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 B.

On 30 Dec 08, a copy of  the  Investigative  Report  was  forwarded  to  the
applicant for review and comment within  30  days.   The  Board  staff  also
requested he provide documentation concerning his
activities since leaving military service.  On 4 Jan 09,  the  Investigative
Report was returned as undeliverable (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.    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.  Therefore, in the absence of evidence to the contrary, we  find
no basis upon which to recommend granting the relief sought.

4.    The applicant's case is adequately documented and  it  has  not  been
shown that a personal appearance with or without  counsel  will  materially
add to our understanding of the issues involved.   Therefore,  the  request
for a hearing is not favorably considered.

______________________________________________________________

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 AFBCMR Docket Number  BC-2008-
00441 in Executive Session on 29 Jan 09 under  the  provisions  of  AFI  36-
2603:

                       Mr. Wayne R. Gracie, Panel Chair
                       Mr. Alan A. Blomgren, Member
                       Mr. Mark J. Novitski, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 6 Sep 07, w/atchs.
      Exhibit B.  FBI Investigative Report.
      Exhibit C.  Letter, SAF/MRBC, dated 23 Jun 08, w/atch.




                             WAYNE R. GRACIE
                             Panel Chair

Similar Decisions

  • AF | BCMR | CY2009 | BC-1996-03658-2

    Original file (BC-1996-03658-2.doc) Auto-classification: Denied

    After considering the evidence provided, the Board determined it was insufficient to find error or injustice and denied the application (see the Record of Proceedings (BC-1996-03658) at Exhibit E, with attachments). _________________________________________________________________ The following members of the Board considered this application in Executive Session on 11 June 2009, under the provisions of AFI 36-2603: Mr. Wayne R. Gracie, Panel Chair Ms. Patricia R. Collins, Member Mr. Kurt...

  • AF | BCMR | CY2000 | 0001282

    Original file (0001282.doc) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: The applicant has prior enlisted service in the Regular Air Force (15 Nov 76-14 Sep 84); a break in service (15 Sep 84 - 10 Jan 85); and, enlisted in the Air Force Reserve on 11 Jan 85. RSOO indicated that since the applicant admitted to using cocaine and having a civil conviction for dealing in cocaine, he is permanently disqualified for enlistment in the Air Force Reserve, regardless of his reenlistment...

  • AF | BCMR | CY2008 | BC-2007-02975

    Original file (BC-2007-02975.doc) Auto-classification: Denied

    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 | CY2008 | BC-2007-03192

    Original file (BC-2007-03192.doc) Auto-classification: Denied

    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 | CY2000 | 0000152

    Original file (0000152.doc) Auto-classification: Denied

    The recommendation for discharge for misconduct was approved and the commander directed that applicant be given an under honorable conditions (general) discharge. On 23 Dec 83, the applicant was discharged under the provisions of AFR 39- 10 (Misconduct-Pattern of Minor Disciplinary Infractions) in the grade of airman first class with an under honorable conditions (general) discharge and an RE code of 2B (Separated with other than an honorable discharge). Exhibit D. Letter, AFPC/DPPRS,...

  • AF | BCMR | CY2008 | BC-2007-03848

    Original file (BC-2007-03848.DOC) Auto-classification: Denied

    His complete response is at Exhibit E. _________________________________________________________________ APPLICANT'S RESPONSE TO REQUEST FOR POST-SERVICE INFORMATION: He remembers getting into trouble for not reporting to pay-call. Therefore, based on the available evidence of record, we find no basis upon which to favorably consider this application. _________________________________________________________________ The following members of the Board considered Docket Number...

  • AF | BCMR | CY2009 | BC-2009-00225

    Original file (BC-2009-00225.doc) Auto-classification: Denied

    ___________________________________________________________________ APPLICANT CONTENDS THAT: He had no idea about the effects of drug addiction, neither did the Air Force at that time. On 6 Mar 86, the applicant was discharged under the provisions of AFR 39-10, by reason of misconduct – drug abuse, with service characterized as general (under honorable conditions). ___________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that...

  • AF | BCMR | CY2005 | BC-2004-02930

    Original file (BC-2004-02930.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02930 INDEX CODE 106.00 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His 1958 under-other-than-honorable-conditions (UOTHC) discharge be upgraded to general. Given the lack of an FBI arrest record, we would have been willing to consider the applicant’s request on the basis of clemency. Exhibit D....

  • AF | BCMR | CY2008 | BC-2007-03411

    Original file (BC-2007-03411.DOC) Auto-classification: Denied

    On 14 May 1986, the applicant was notified of his commander's intent to recommend him for a general discharge for misconduct. On 20 December 1996, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request to upgrade his discharge to honorable. Exhibit D. Letter, AFBCMR, dated 2 Jan 08, w/atchs.

  • AF | BCMR | CY2006 | BC-2006-00138

    Original file (BC-2006-00138.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00138 INDEX CODE 106.00 COUNSEL: NONE XXXXXXX HEARING DESIRED: NO MANDATORY COMPLETION DATE: 16 JULY 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to a general (under honorable conditions) discharge. Pursuant to the Board’s request, the Federal Bureau of Investigation, Washington, D.C.,...