Search Decisions

Decision Text

AF | BCMR | CY2009 | BC-2008-01254
Original file (BC-2008-01254.docx) Auto-classification: Approved

ADDENDUM TO

RECORD OF PROCEEDINGS

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: DOCKET NUMBER: BC-2008-01254

XXXXXXXXXXXXXXXXX COUNSEL: NONE

HEARING DESIRED: YES

________________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

STATEMENT OF FACTS:

On 23 July 2008, the Board considered and denied the applicant’s appeal, requesting his UOTHC discharge be upgraded to under honorable conditions. A complete copy of the Record of Proceedings is attached at Exhibit F (with Exhibits A through E).

By an undated letter, the applicant requests reconsideration of his request, contending he was instructed to resubmit character letters from his community and clergymen. He realizes that at the time of his discharge, the characterization of his service was fair and justified by Air Force regulations. However, 25 years later, he is haunted by the embarrassment of this type of discharge and it is preventing his employment with the Department of Veterans Affairs (DVA). He is proud to be an American and even prouder to be a veteran.

In support of the appeal, applicant submits a personal statement and numerous character references.

Applicant’s complete submission, with attachments, is at Exhibit G.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  After thoroughly reviewing the additional documentation and post-service information provided by the applicant, the Board is persuaded he has overcome the behavioral traits which led to the discharge action and has led a stable and productive life since his separation. We recognize the adverse impact of the discharge the applicant received; and, while it may have been appropriate at the time, we believe it would be an injustice for him to continue to suffer its effects. Accordingly, we find that corrective action is appropriate on the basis of clemency and recommend the records be corrected as indicated below.

2.  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 issue(s) involved. Therefore, the request for a hearing is not favorably considered.

________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 5 January 1984, he was discharged under honorable conditions.

________________________________________________________________

The following members of the Board considered the applicant’s request for reconsideration of AFBCMR Docket Number BC-2008-01254 in Executive Session on 27 January 2009, under the provisions of AFI 36-2603:

Mr. Thomas S. Markiewicz, Chair

Ms. Judith B. Oliva, Member

Ms. Barbara J. Barger, Member

The following additional documentary evidence was considered:

Exhibit F. Record of Proceedings, dated 15 Aug 08, w/atchs.

Exhibit G. Letter, Applicant, undated, w/atchs.

THOMAS S. MARKIEWICZ

Chair

AFBCMR BC-2008-01254

MEMORANDUM 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 XXXXXXXXXXXXXXXX, be corrected to show that on 5 January 1984, he was discharged under honorable conditions.

JOE G. LINEBERGER

Director

Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2006 | BC-2006-01254

    Original file (BC-2006-01254.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01254 INDEX CODE: 135.02 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 8 October 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Discharge or Release from Active Duty, block 12c, be changed from 9 years, 11 months and 29 days total active duty to 10 years. The last...

  • AF | BCMR | CY2003 | BC-2003-01916

    Original file (BC-2003-01916.doc) Auto-classification: Denied

    His AGO Form 01254, Transcript of Military Record, reflects his grade at the time of discharge as flight officer. The system for selecting those flight officers for commissioning will be prescribed by the theater commander….” Applicant provided an unsigned 5 Mar 46 letter from his commanding officer recommending him for appointment to second lieutenant. A complete copy of the evaluation, with attachment, is at...

  • AF | BCMR | CY2005 | BC-2005-00704

    Original file (BC-2005-00704.doc) Auto-classification: Approved

    They also noted applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing and provided no other facts warranting a change to his character of service. A complete copy of the evaluation is at Exhibit C. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 25 Mar 05 for review and comment within 30 days. ...

  • AF | BCMR | CY2008 | BC-2007-02843-1

    Original file (BC-2007-02843-1.doc) Auto-classification: Approved

    ______________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2007- 02843 in Executive Session on 13 Jun 08, under the provisions of AFI 36- 2603: Mr. Thomas S. Markiewicz, Chair Ms. Mary Jane Mitchell, Member Ms. Audrey Y. Davis, Member By majority vote, the Board recommended granting the requested relief. Exhibit J. Applicant’s Reconsideration Request, dated 4 Mar 08, w/atchs. THOMAS S. MARKIEWICZ Chair AFBCMR...

  • AF | BCMR | CY2006 | BC-2005-03896

    Original file (BC-2005-03896.doc) Auto-classification: Denied

    On 28 Jul 83, the base legal office reviewed the case and found it legally sufficient and recommended applicant’s unconditional waiver be accepted and that he be discharged with an under other than honorable conditions discharge without probation and rehabilitation. On 5 Aug 83, applicant was discharged in the grade of airman basic, under the provisions of AFR 39-10, for a pattern of misconduct - discreditable involvement with military or civil authorities, with an under other than...

  • AF | BCMR | CY2008 | BC-2008-00845

    Original file (BC-2008-00845.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00845 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her under honorable conditions (general) discharge be upgraded to honorable. _________________________________________________________________ STATEMENT OF FACTS: The applicant served in the Air Force from 19 Jul 76 to 18 Apr 82,...

  • AF | BCMR | CY2003 | BC-2003-00596

    Original file (BC-2003-00596.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00596 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to honorable. His sentence consisted of reduction to the grade of airman basic (AB/E-1), 30 days of confinement at hard labor and forfeiture of $30. On 8 Sep 59, the Air Force Discharge...

  • AF | BCMR | CY2009 | BC-1994-04265

    Original file (BC-1994-04265.docx) Auto-classification: Denied

    On 21 September 1995, the Board considered and denied the applicant’s appeal requesting that his EPR closing out 5 October 1990 be removed from his records. We have thoroughly reviewed the evidence of record and considered both the weight and relevance of the additional documentation provided by the applicant, and whether or not it was discoverable at the time of any previous application. The following members of the Board considered the applicant’s request for reconsideration of AFBCMR...

  • AF | BCMR | CY2008 | BC-2007-04059

    Original file (BC-2007-04059.DOC) Auto-classification: Denied

    g. LOR, dated 10 January 1986, for, on or about 9 January 1986, being disrespectful to an NCO by ignoring a request to return to the Orderly Room after being asked to do so on three occasions. ________________________________________________________________ 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...

  • AF | BCMR | CY2007 | BC-2004-00944-2

    Original file (BC-2004-00944-2.doc) Auto-classification: Denied

    For an accounting of the facts and circumstances surrounding the applicant’s request and the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit H. On 8 September 2006, the applicant submitted a request for reconsideration (Exhibit I), as the US Court of Appeals for the DC Circuit had provided a decision in the aforementioned case (Exhibit J). JAA provided an advisory on 19 September 2006 that recommended denial of the applicant’s reconsideration...