RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00861
INDEX CODE: 110.02
XXXXXXXXXXXXXXXXXXXXX COUNSEL: None
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was under stress because of his spouse’s actions. He blames himself for
not taking control of the situation.
In support of his appeal, the applicant provided a copy of his DD Form 214,
Certificate of Release or Discharge from Active Duty, driver’s license, and
Social Security card.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 23 March 1989. He was
promoted to the grade of airman (E-2) before being demoted on 19 July 1990
to the grade of airman basic (E-1). From 16 March 1990 through 11 July
1990, he wrote several bad checks and failed to maintain funds in his
account to pay such funds, which resulted in a Letter of Reprimand (LOR)
and Letters of Counseling (LOC). He received Article 15 punishment for two
separate incidents for failure to go to his appointed place of duty. The
punishment consisted of forfeiture of $100 pay per month for two months,
reduction in grade to airman basic, and 30 days correctional custody. The
portion of punishment having to do with reduction in grade and forfeiture
of over $25 per month for two months was suspended unless sooner vacated.
The suspended reduction in rank was vacated on 19 July 1990 when it was
discovered that just prior to entering Correctional Custody, the applicant
wrote a dishonored check to purchase uniforms.
On 24 July 1990, his commander notified the applicant of his intent to
recommend him for a general discharge for minor disciplinary infractions
under the provisions of Air Force Regulation 39-10, Paragraph 5.46. The
applicant acknowledged receipt of the notification, consulted counsel, and
submitted statements for his commander’s consideration. The general
discharge was found legally sufficient on 6 August 1990. The applicant was
discharged with a general (under honorable conditions) discharge for
misconduct – pattern of minor disciplinary infractions, effective 7 August
1990 without probation or rehabilitation. He served 1 year, 4 months, and
17 days on active duty.
Pursuant to the Board’s request, the FBI indicated that on the basis of the
data furnished, they were unable to locate an arrest record pertaining to
the applicant.
On 26 March 2008, the applicant was given the opportunity to submit
comments about his post service activities (Exhibit C). As of this date,
this office has received no response.
_________________________________________________________________
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. The applicant did not provide persuasive
evidence showing the information in the discharge case was erroneous, his
substantial rights were violated, or that his commanders abused their
discretionary authority. The character of discharge which was issued at
the time of the applicant’s separation appears to accurately reflect the
circumstances of his separation and we do not find it to be in error or
unjust. In view of the foregoing and in the absence of evidence by the
applicant attesting to a successful post-service adjustment in the years
since his separation, we are not inclined to extend clemency in this case.
Therefore, in the absence of evidence to the contrary, we find no basis
upon which to recommend favorable action on this application.
_________________________________________________________________
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 29 May 2008, under the provisions of AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. Vance E. Lineberger, Member
Mr. Garry G. Sauner, Member
The following documentary evidence was considered for AFBCMR Docket Number
BC-2008-00861:
Exhibit A. DD Form 149, dtd 23 Feb 08, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBC, dtd 26 Mar 08.
WAYNE R. GRACIE
Panel Chair
AF | BCMR | CY2004 | BC-2004-01584
_________________________________________________________________ STATEMENT OF FACTS: On 21 June 1983, the applicant enlisted in the Regular Air Force in the grade of airman basic for a period of four (4) years. As of this date, no response has been received by this office. On 23 June 2004, the Board staff requested the applicant provide post- service documentation within 14 days (Exhibit F) and on 8 July 2004, the Board provided the applicant the opportunity to respond to the FBI...
AF | BCMR | CY2008 | BC-2007-03207
_________________________________________________________________ STATEMENT OF FACTS: Applicant enlisted in the Regular Air Force on 15 December 1983 in the grade of airman basic. On 19 July 1984, he failed to go at the time prescribed to his appointed place of duty. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was...
AF | BCMR | CY2008 | BC-2007-03411
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.
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 | CY2007 | BC-2007-00306
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00306 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 6 JUN 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable discharge. f. On 6 August 1981, he received a Letter of Counseling (LOC), for being delinquent to the NCO...
AF | BCMR | CY2006 | BC-2006-00138
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.,...
AF | BCMR | CY2006 | BC-2006-02793
________________________________________________________________ APPLICANT CONTENDS THAT: He was immature and away from home for the first time. AIR FORCE EVALUATION: AFPC/DPPRS recommends denial, stating the discharge was consistent with the procedural and substantive requirements of the discharge regulation, was within the discretion of the discharge authority, the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, and...
AF | BCMR | CY2007 | BC-2007-01506
On 12 March 1973, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request that his UOTHC discharge be upgraded (Exhibit B). 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 8 August 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...
AF | BCMR | CY2008 | BC-2008-00841
On 2 Feb 07, applicant was discharged in the grade of airman basic, under the provisions of AFI 36-3208, by reason of misconduct, with service characterized as under honorable conditions (general) and was issued an RE Code of 2B (involuntarily separated with a general discharge). The Board acknowledged the applicant’s high motivation to re-enter military service; however, the Board denied an upgrade of his RE code. As noted in the statement of facts his RE code has been administratively...
AF | BCMR | CY2009 | BC-2009-00225
___________________________________________________________________ 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...