RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00497
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded to a general (under honorable conditions) discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was arrested for possessing a small amount of marijuana. He entered a plea and was released to military custody and discharged. Everyone is not suited for military life - because he could not adapt, he was punished.
In support of his request, the applicant provides a personal statement, DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States, and documents extracted from his military personnel records.
The applicants complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 27 March 1969.
The applicants commander recommended that he be discharged from the Air Force under the provisions of AFM 39-12, section F. The specific reasons are as follows:
a. The applicant did on or about 1 December 1970 through 7 January 1971, without authority absent himself from his organization. He was apprehended by civilian authorities in El Paso, Texas, on 18 December 1970 for the possession of a dangerous drug (Amphetamines). He was found guilty and placed on probation for one year and fined $37.00 court costs.
b. The applicants attitude, military bearing and behavior had not conformed to Air Force standards and frequent counseling had produced no favorable effect on his performance or conduct.
c. The applicant was given a psychiatric evaluation on 13 October 1970. The report indicated the applicant had an immature personality and situational maladjustment to service life.
On 22 January 1971, the applicant requested discharge under AFM 39-12, paragraph 2-78 for the good of the service.
In a legal review of the case file, the staff judge advocate found the case legally sufficient and recommended discharge.
On 10 February 1971, the discharge authority concurred with the recommendations and directed discharge. The applicant was discharged on 18 February 1971. He served 1 year, 10 months and 22 days on active duty.
On 8 April 2010, the Board staff requested the applicant provide documentation pertaining to his post-service activities, within 30 days (Exhibit C). The applicant provided a response which is at Exhibit D.
_________________________________________________________________
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 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, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought.
4. 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 issues involved. Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and 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-2010-00497 in Executive Session on 21 September 2010, under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-00497 was considered:
Exhibit A. DD Form 149, dated 3 February 2010, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 8 April 2010.
Exhibit D. Letter, Applicant, dated 7 May 2010.
Panel Chair
AF | BCMR | CY2010 | BC-2010-00462
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00462 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded. On 21 Jun 76, the applicants commander recommended he be discharged with an undesirable discharge under the provisions of AFM 39-12, Section F. The...
AF | BCMR | CY2007 | BC-2007-01975
d. On 23 September 1971, the applicant failed to report for duty. The applicant has not shown the characterization of his discharge was contrary to the provisions of applicable regulation. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2007- 01975 in Executive Session on 12 September 2007 under the provisions of AFI 36-2603: Mr. Michael J.
AF | BCMR | CY2010 | BC-2009-00586
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00586 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His honorable discharge be changed to a medical discharge. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial of the applicants request for a medical discharge. We...
AF | BCMR | CY2013 | BC-2012-03063
Based upon the applicants civilian conviction, his commander notified him that he was being recommended for an undesirable discharge in accordance with Air Force Manual 39-12, Section C, paragraph 2-23. 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. In the interest of justice we considered upgrading the characterization of his discharge on the basis of...
AF | BCMR | CY2010 | BC-2010-01065
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01065 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal...
AF | BCMR | CY2010 | BC-2010-03148
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03148 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. 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...
AF | BCMR | CY2012 | BC-2012-03740
This program was completed on 15 October 1976 and on 22 November 1976, he was again charged with possession. He served 1 year, 7 months and 28 days on active duty. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to recommend granting the relief sought on that basis.
AF | BCMR | CY2011 | BC-2011-02802
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02802 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. On 19 Apr 72, the Acting Staff Judge Advocate found the case file legally sufficient to support separation with a general discharge. Exhibit C. Letter, SAF/MRBC, dated 14 Oct 11.
AF | BCMR | CY2009 | BC-2009-00940
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00940 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation (Attrition, Unsuitability- Character and Behavior Disorders) be removed. In support of his request, the applicant provided a statement from his psychologist. The AFBCMR Medical Consultant's complete evaluation is...
AF | BCMR | CY2009 | BC 2009 00940
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00940 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation (Attrition, Unsuitability- Character and Behavior Disorders) be removed. In support of his request, the applicant provided a statement from his psychologist. The AFBCMR Medical Consultant's complete evaluation is...