RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01787
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
The record as stated is true and the facts correct. The
misconduct and attitude he displayed causing his discharge were
that of a young and naïve individual and he regrets those events
to this day.
In support of his appeal, the applicant provides a personal
statement; a copy of his separation order and DD Form 214, Certificate of Release or Discharge from Active Duty, issued in
conjunction with his 28 Jul 87 separation, and a biographical
sketch of his lifes accomplishments.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Prior to the events under review, the applicant had 4 years,
5 months, and 22 days of active duty service. He reenlisted on
26 Feb 86.
The squadron commander initiated administrative discharge action
against the applicant, on 9 Jul 87, for a pattern of misconduct.
The specific reasons for the proposed action were:
a. He received a Letter of Reprimand (LOR) for running a
red light on 18 Jan 87, noting that his drivers license was
suspended by the State of Florida on four different occasions.
b. The support group commander directed him not to operate
a vehicle on base for a period of one year, because he drove his
car on base while his license was suspended.
c. The support group commander directed him not to operate
a vehicle on base for a period of two years, because he drove
his car on base while his license was suspended.
d. He received an LOR for resisting apprehension,
suspicion of driving under the influence, and driving with a
suspended license.
e. He received an Article 15 for resisting apprehension on
or about 14 Mar 87.
f. He received an LOR for failure to go to his place of
duty.
g. The support group commander revoked his driving
privileges on base until 4 Mar 93.
h. He tested positive on 17 Apr 87 for cocaine use.
On that same date, after consulting with counsel and having been
advised of his rights, he waived his right to submit statements
in his own behalf. On 24 Jul 87, the discharge authority
approved the under honorable conditions, general discharge
without probation and rehabilitation.
The applicant was discharged on 28 Jul 87 under the provisions
of AFR 39-10, by reason of misconduct pattern of discreditable
involvement with military or civil authorities, with service
characterized as general (under honorable conditions). He was
credited with one year, five months, and nine days of active
duty service during this period.
________________________________________________________________
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 during the discharge process. 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 also find
insufficient evidence to warrant a recommendation that the
discharge be upgraded on the basis of clemency. Should the
applicant provide statements from community leaders and
acquaintances attesting to his good character and reputation and
other evidence of successful post-service rehabilitation, this
Board may be inclined to reconsider this case based on the new
evidence. We cannot, however, recommend approval based on the
current evidence of record. 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 the evidence presented did not
demonstrate the existence of material 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-2010-01787 in Executive Session on 6 January 2011,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 May 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Vice Chair
AF | DRB | CY2004 | FD2004-00154
PERSONNEL COUNCIL AIR FORCE DISCHARGE REMEW ROARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDIUWS ATB, MD 20762-7002 I (EF-V2) Previous edition will be used 1 I AIR FORCE DISCHARGE m V I E W BOA KI) DECISIONAL RAIIONALE CASE NUMBER FD2004-00154 GENERAL: The applicant appeals for upgrade of discharge to honorable. CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of thc discharge regulation and was within the...
AF | BCMR | CY2004 | BC-2004-00140
At the time members are separated from the Air Force, they are furnished an RE code predicated upon the quality of their service and circumstances of their separation. _________________________________________________________________ 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...
AF | BCMR | CY2004 | BC-2003-03678
For this, he received a Record of Counseling (ROC), dated 11 October 1990. b. For this misconduct, the applicant received a Letter of Reprimand (LOR), dated 6 December 1990. d. The applicant on 5 December 1990, reported late for his dental appointment causing the appointment to be rescheduled. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error...
AF | BCMR | CY2009 | BC-2008-03126
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03126 INDEX CODE: 110.02, 100.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded and his Reentry (RE) code of 2B (involuntarily separated under AFR 39- 10, with a general or under other than honorable conditions (UOTHC) discharge)...
AF | BCMR | CY2010 | BC-2010-01771
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01771 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: 1. Between the date of his reduction to the grade of Amn (27 Jan 04) and his last day on active duty (31 Dec 04), the applicant held no higher grade than Amn. Based on the applicants date of rank (DOR) to SSgt during cycle 94A5, he was...
AF | BCMR | CY2005 | BC-2005-00105
Additionally, while the applicant did experience medical problems while on active duty, we found no evidence that his medical conditions at the time of his discharge rendered him unfit for continued military service. ___________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2005-00105 in Executive Session on 29 November 2005, under the provisions of AFI 36-2603: Mr. Michael J. Exhibit C. Letter, AFBCMR Medical...
AF | BCMR | CY2009 | BC-2009-00961
_________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 17 May 05 for a period of four years. DPSOSstates,that 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. After a thorough review of his submission and the available evidence of record, we are not persuaded that he should be awarded...
AF | BCMR | CY2009 | BC 2009 00961
_________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 17 May 05 for a period of four years. DPSOSstates,that 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. After a thorough review of his submission and the available evidence of record, we are not persuaded that he should be awarded...
AF | DRB | CY2003 | FD2002-0516
(Change Discharge to Honorable) Issue 1: I was not given a proper discharge because on my discharge notification memorandum #2 item e it says on 16 Dec 01 I was arrested for an underage drinking charge when I hadn't. For this misconduct, you received a Record of Individual Counseling (RIC) dated 7 Nov 01. LOR dated 17 Oct 01 w/ UIF RIC dated 7 Nov 01 w/ UIF LOR dated 13 Dec 01 w/ UIF and Control Roster Article 15 dated 14 Jan 02 w/ UIF LOR dated 15 Feb 02 w/UIF LOR dated 15 Feb 02 w/UIF .
AF | BCMR | CY2012 | BC-2012-00891
On 14 Jan 87, he failed to comply with dormitory standards, for which he was furnished a Letter of Reprimand (LOR). On 26 Feb 88, he failed to go to a scheduled social 2 On 6 Apr 88, the applicant was furnished a General (Under Honorable Conditions) discharge for Misconduct—Pattern of Minor Disciplinary Infractions, and was credited with 2 years, 10 months, and 22 days of active service. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The...