RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-04327
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to honorable
and his reenlistment eligibility (RE) code be changed to a waiverable code
so that he can enlist in the Air National Guard.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He made mistakes as a youth. Due to the cost and time invested to recruit
and train him, he feels his military time could have been better served if
he had received additional administrative disciplinary action instead of a
discharge.
In support of this application, the applicant submits a copy of his DD Form
214, Certificate of Release or Discharge from Active Duty.
The applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 15 May 85, the applicant enlisted in the Regular Air Force. On 10 Sep
87, his commander notified him that he was recommending his separation from
the Air Force under the provisions of AFR 39-10, Separation Upon Expiration
of Term of Service, for Convenience of Government, Minority, Dependency and
Hardship. His specific reasons for his actions were as follows:
1) On 31 Jan 86, he failed to attend an appointment at the base
hospital. For this offense, he received a Letter of Counseling (LOC).
2) On between 10 May 87 and 15 Jun 87, he received three traffic
citations.
3) On 14 Aug 87, he operated a motorcycle in a wreckless manner,
illegally passed vehicles, disobeyed traffic signs and attempted to elude
security policemen on base. For this offense he received an Article 15.
A review of the discharge case file by the Staff Judge Advocate was found
legally sufficient. The discharge authority approved the recommended
discharge. On 18 Sep 87, he was discharged with a general (under honorable
conditions) character of service without probation and rehabilitation. He
had served 2 years, 4 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 C. On 14
Sep 10, a copy of the FBI report and a request for post-service information
was forwarded to the applicant for review and comment within 30 days
(Exhibit D).
_________________________________________________________________
APPLICANT’S RESPONSE TO FBI REPORT AND POST-SERVICE:
In his response dated 29 Sep 10, the applicant explains the charges listed
in the FBI report. He worked several jobs while attending Community
College and has earned various certifications and letters of
recommendation. He earned his Bachelor’s and Master’s degrees in
Information Systems Technology on line. He is remarried and has two
children.
He includes his resume with work history and plans to open his own gas
station/convenience store in the very near future. His greatest
disappointment was his discharge from military service because he loved
everything about his time in the Air Force.
The applicant’s complete submission, with attachments, is at Exhibit E.
_________________________________________________________________
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 were 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. We considered upgrading the discharge based on
clemency; however, in view of the contents of the FBI Identification
Record, we are not persuaded that the characterization of the applicant’s
discharge warrants an upgrade on the basis of clemency. 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 this application in Executive
Session on 19 Oct 10, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Nov 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 14 Sep 10.
Exhibit E. Letter, Applicant, dated 29 Sep 10, w/atchs.
Panel Chair
AF | BCMR | CY2008 | BC-2007-03866
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03866 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to an honorable discharge. On 22 Sep 86, the applicant received a Letter of Counseling (LOC) for failing to report at the prescribed time to a military doctor and his...
AF | BCMR | CY2011 | BC-2011-03802
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03802 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to Honorable. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered active duty on 17 Dec 86. In view of the foregoing, and in...
AF | BCMR | CY2003 | BC-2003-00586
Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Washington, D.C., provided an investigative report, which confirms the applicant’s admitted two DUI incidents and is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPRS believes the discharge was consistent with the procedural and substantive requirements of the discharge regulation and within the discretion of the discharge authority. ...
AF | BCMR | CY2012 | BC-2012-00854
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS c. Three Letter of Debt Complaints/Dishonored Check DOCKET NUMBER: BC-2012-00854 COUNSEL: NONE HEARING DESIRED: NO IN THE MATTER OF: ________________________________________________________________ APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to Honorable. Based on the available evidence of record, it appears the applicant’s General (Under Honorable Conditions) discharge for...
AF | BCMR | CY2008 | BC-2007-02926
On 20 Jan 88, the discharge authority approved the separation and directed a general discharge without probation and rehabilitation. 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. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend the relief sought on...
AF | BCMR | CY2010 | BC-2010-03648
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03648 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to honorable. The applicants complete submission is at Exhibit A. However, while we commend the applicant on his many accomplishments, when considering his overall record of service, the seriousness of the...
AF | BCMR | CY2004 | BC-2004-02041
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02041 INDEX NUMBER: 110.00 XXXXXXXXXXXX COUNSEL: None XXXXXXX HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His dismissal from the Air Force be upgraded to honorable. c. On 17 Dec 85, the applicant submitted a resignation in lieu of court-martial (RILO) request. On 13 Aug 87, the Secretary of the Air Force...
AF | BCMR | CY2009 | BC 2009 01168
In support of his request, applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. On 10 Sep 90, the applicant appeared before the Air Force Discharge Review Board (AFDRB) requesting his general discharge be upgraded to honorable. Exhibit D. Letter, AFBCMR, dated 8 May 09.
AF | BCMR | CY2009 | BC-2009-01168
In support of his request, applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. On 10 Sep 90, the applicant appeared before the Air Force Discharge Review Board (AFDRB) requesting his general discharge be upgraded to honorable. Exhibit D. Letter, AFBCMR, dated 8 May 09.
AF | BCMR | CY2012 | BC-2012-01955
He assumed his discharge was upgraded until he requested his records on 2 Nov 2011. 2 On or about 5 Sep 1986, he failed to perform quality On or about 16 Oct 1987, he failed to report to work. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis.