Search Decisions

Decision Text

AF | BCMR | CY2008 | BC-2008-00793
Original file (BC-2008-00793.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2008-00793
            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:

The applicant makes no contentions.

Applicant's complete submission is at Exhibit A.

______________________________________________________________

STATEMENT OF FACTS:

On 1 Feb 64, the applicant contracted his initial enlistment in the  Regular
Air Force.  He was progressively promoted  to  the  grade  of  airman  third
class having assumed the grade effective and with a date of rank of  27  Mar
64.

On 23 Nov 64, his commander notified him that  he  was  recommending  he  be
honorably discharged from the Air Force  for  unsuitability.   The  specific
reason  for  the  discharge  action  was  that  medical  service   personnel
determined he was unsuitable for continued service.

His commander advised him of his rights in this matter.

He acknowledged receipt of the notification and waived his rights to submit
a statement in his own behalf.

On 14 Dec 64, the staff judge  advocate  reviewed  the  case  and  found  it
legally sufficient to support separation and recommended  the  applicant  be
honorably discharged without probation and rehabilitation.

The discharge authority directed a general discharge without  probation  and
rehabilitation.

The applicant was discharged on 18 Dec 64.  He served 10 months and 18  days
on active duty.

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).

On 22 May 08, a request  for  information  pertaining  to  his  post-service
activities was forwarded to the applicant for response 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 his 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.

______________________________________________________________

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-
00793 in Executive Session on 25 Jun 08 under  the  provisions  of  AFI  36-
2603:

                       Mr. Joseph D. Yount, Panel Chair
                       Ms. Barbara J. Barger, Member
                       Mr. Reginald P. Howard, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 15 Feb 08.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  FBI Negative Reply, dated 12 Mar 08.
      Exhibit D.  Letter, SAF/MRBC, dated 22 May 08.




                             JOSEPH D. YOUNT
                             Panel Chair

Similar Decisions

  • AF | BCMR | CY2008 | BC-2008-00438

    Original file (BC-2008-00438.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00438 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO ______________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to an honorable discharge. The applicant was discharged on 8 May 80. ______________________________________________________________ THE BOARD DETERMINES THAT: The...

  • AF | BCMR | CY2009 | BC-2008-04303

    Original file (BC-2008-04303.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-04303 INDEX CODE: 110.02 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. On 21 Mar 85, the squadron commander notified the applicant of administrative discharge board (ADB) action for minor disciplinary infractions,...

  • AF | BCMR | CY2009 | BC-2008-03792

    Original file (BC-2008-03792.doc) Auto-classification: Denied

    The AFPC/DPSIDR evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 13 Feb 09 for review and comment within 30 days. We took notice of the applicant’s complete submission in judging the merits of the case, however; we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale...

  • AF | BCMR | CY2009 | BC-2008-01562

    Original file (BC-2008-01562.doc) Auto-classification: Denied

    On 29 Jan 91, his commander notified him that he was recommending his discharge from the Air Force for unsatisfactory performance. On 1 Feb 91, the legal office reviewed the case and found it legally sufficient to support separation and recommended the applicant be discharged with an honorable discharge without probation and rehabilitation. AFPC/DPSOS’s complete evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE...

  • AF | BCMR | CY2005 | BC-2005-00463

    Original file (BC-2005-00463.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00463 INDEX CODE: 110.00 XXXXXXXXXXXXXXX COUNSEL: NONE XXXXXXXXXXXXXXXXXX HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 13 August 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. Based on the documentation on file in the master personnel records, the...

  • AF | BCMR | CY2009 | BC-2008-02475

    Original file (BC-2008-02475.doc) Auto-classification: Denied

    The applicant was discharged on 24 May 73. 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 4 Aug 08, the Board staff requested the applicant provide documentation regarding his activities since leaving military service and forwarded a copy of the investigative report to him for his review and response within 30 days. We took notice of the applicant's complete submission in judging the merits of...

  • AF | BCMR | CY2008 | BC-2007-03197

    Original file (BC-2007-03197.doc) Auto-classification: Denied

    On 22 Oct 64, the applicant’s commander notified him that he was recommending his discharge from the Air Force for unsuitability. The evaluation officer conducted an interview with the applicant, reviewed his records and comments by his commander, and recommended his discharge from the Air Force with a general discharge without probation and rehabilitation. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the...

  • AF | BCMR | CY2009 | BC-2009-01628

    Original file (BC-2009-01628.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-01628 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected as follows: 1. In response to the Board’s request, the FBI indicated that on the basis of the data furnished they were unable to identify with an...

  • 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 | CY2007 | BC-2007-01862

    Original file (BC-2007-01862.doc) Auto-classification: Denied

    ________________________________________________________________ APPLICANT CONTENDS THAT: The decision by the Air Force Discharge Review Board (AFDRB) to deny his request to upgrade his discharge to honorable was unjust. A legal review of the discharge case file by the staff judge advocate found the file legally sufficient and recommended the applicant be discharged with a general discharge without the opportunity for probation and rehabilitation. We took notice of the applicant's complete...