RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-03781
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His general (under honorable conditions) discharge be upgraded to
honorable.
2. His reenlistment eligibility (RE) code of 2B (misconduct-drug abuse) be
changed to a code which will allow him to enlist in military service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge was based on a single incident and did not reflect the
numerous awards and super performance described in his Airman Performance
Reports (APRs) received during his 9 years of service.
In support of this application, the applicant submits a DD Form 293,
Application for the Review of Discharge or Dismissal from the Armed Forces
of the United States, copies of his APRs, an award citation and
certificate.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Air Force on 1 Mar 78 and was
progressively promoted to the grade of staff sergeant effective 1 Aug 85;
however, he was demoted to Sgt on 13 May 86 and ordered to forfeit $200.00
per month for two months due to Article 15 action for possession of
marijuana.
He submitted a conditional waiver of his administrative discharge board
rights. His waiver was conditioned upon his receipt of no less than a
general discharge. His conditional waiver was accepted and he was
separated without probation and rehabilitation. He was discharged on 8 Aug
86.
The following is a resume of his APRs:
Close-out Date Overall Rating
6 Dec 78 8
6 Dec 79 7
4 Apr 80 4
15 Jan 81 9
16 Jul 82 9
16 Jul 83 9
22 Sep 84 8
1 Apr 85 8
1 Apr 86 9
_________________________________________________________________
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 and RE code 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 or RE code 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 BC-2009-03781 in
Executive Session on 15 Sep 10, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Nov 09.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
AF | BCMR | CY2007 | BC-2007-00797
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00797 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY COMPLETION DATE: 16 AUGUST 2008 ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. The applicant has not shown the characterization of his discharge was contrary to the provisions of AFR 39-10,...
AF | BCMR | CY2007 | BC-2007-01861
The applicant has not shown the characterization of his discharge was contrary to the provisions of AFR 39-10, Separation of Airmen, (extract copy of applicable portion attached as Exhibit D). 812.” Notwithstanding the absence of error or injustice, the Board has the prerogative to grant relief on the basis of clemency if so inclined. Exhibit C. Negative FBI Report, dated 20 Jun 07.
AF | BCMR | CY2007 | BC-2005-03220A
Additional AFBCMR applications resulted in the applicant’s record being corrected, on 25 Feb 04, to show he was tendered a Regular appointment effective 8 Feb 81, and that he served in the grade of major until his retirement in that grade on 1 Jul 93. The ROP contained factual errors and did not even come close to summarizing his remarks and the new evidence he provided. The record contains a letter dated January 15, 2003, to applicant from AFPC/DPOC informing him that as a result of his...
AF | BCMR | CY2006 | BC-2006-01166
On 22 Nov 83, the applicant enlisted in the Regular Air Force for a period of four years in the grade of staff sergeant. ___________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPRS recommends the application be denied and states, in part, based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation. A complete copy of the Air Force...
AF | BCMR | CY2005 | BC-205-02185
On 9 Sep 86, the commander notified the applicant that the results of the positive urinalysis would not be used to characterize his service. On 29 Oct 86, the applicant was advised that at anytime before action on the recommendation for discharge was complete, he could apply for retirement. To date, a response has not been received.
AF | BCMR | CY2009 | BC-2009-02355
Based on the available evidence of record, it appears the applicant’s General (Under Honorable Conditions) discharge for unsatisfactory performance was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority. In view of the foregoing, and in the absence of evidence to the contrary, we conclude that no basis exists to upgrade the applicant’s General (Under Honorable Conditions) discharge. Exhibit D. Letter, AFBCMR, dated 31...
AF | BCMR | CY2007 | BC-2007-01297
However, they did find based upon the record, applicant’s testimony, evidence provided by the applicant, that his reason for discharge was inequitable and directed his reason for separation be changed to “Misconduct – Pattern of Minor Disciplinary Infractions.” They further concluded that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and that the applicant was provided full...
AF | BCMR | CY2003 | BC-2002-03053
The AFBCMR Medical Consultant states that the evidence of record indicates that the applicant’s back pain, neck pain, stuttering and wrist pain did not warrant referral into the Air Force Disability Evaluation System. The HQ AFPC/DPPD evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: Copies of the Air Force evaluations were forwarded to applicant on 4 Apr 03 for review and response. The discharge...
AF | BCMR | CY2004 | BC-2003-03658
The applicant’s performance reports are provided at Exhibit B. Available records pertaining to the applicant’s medical issues are at Exhibit B, and the AFBCMR Medical Consultant provides medical details in his advisory at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: The AFBCMR Medical Consultant’s review of the applicant’s service records revealed no reference to participation in combat or events similar to those described by the...
AF | BCMR | CY2007 | BC-2007-01602
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. ...