Search Decisions

Decision Text

AF | BCMR | CY2011 | BC 2011 04757
Original file (BC 2011 04757.txt) Auto-classification: Denied
      ADDENDUM TO RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2011-04757

	 						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

Her Under Other Than Honorable Conditions (UOTHC) discharge be changed to Honorable.  


RESUME OF THE CASE:

On 25 May 11, the Board considered and denied the applicant’s original request to make the same corrections to her records.  In the original case, the applicant contended the statements and allegations which led to her UOTHC discharge were untrue, and it was unfair to give her a UOTHC discharge because she was so close to finishing her four year tour.  The applicant was sent a copy of her FBI Investigation Report which showed she had been detained and released in 1997 concerning possession of forged bills, and a request for post-service information with an explanation of the BCMR requirements for requesting clemency.  As of 25 May 11, she had not responded to the information sent to her.  The Board determined insufficient relevant evidence had been presented to demonstrate the existence of an error or injustice, and in the absence of any evidence of a successful post-service transition on which to determine if it would be in the interest of justice to correct the record on the basis of clemency, voted to deny her request.  For an accounting of the facts and circumstances surrounding the applicant’s original request and the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit E.

On 27 Feb 14, the applicant submitted a request for reconsideration of her original application based upon clemency, and submitted two letters of support from acquaintances, some background information on her family, and her explanation of the details of her detention by the police in 1997 reflected in the FBI Report.  She reiterates her original contention that on the date of the party where she was alleged to have used drugs, she was at home on leave.  She accepted a UOTHC discharge to avoid the stress of a trial, but at the time she didn’t realize she would not be considered a veteran. The applicant’s complete submission, with attachments, is at Exhibit F.

THE BOARD CONCLUDES THAT:

After again reviewing this application and the evidence provided in support of this request, we remain unconvinced the applicant has been a victim of an error or injustice.  We have previously determined the applicant’s UOTHC discharge was proper and in compliance with the requirements of the governing directive in effect at the time.  While the applicant’s contentions are duly noted, her latest submission has not persuaded us otherwise.  Furthermore, we remain unconvinced the seriousness of her misconduct has been overcome by her post-service activities.  Therefore, we find no basis to recommend granting the relief sought in this application.


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-2011-04757 in Executive Session on 19 Feb 15 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining AFBCMR Docket Number BC-2011-04757 was considered:

	Exhibit E.  Record of Proceedings, w/atchs.
	Exhibit F.  Letter, Applicant, 27 Feb 14, w/atchs.

						

Similar Decisions

  • AF | BCMR | CY1993 | BC 1993 06576

    Original file (BC 1993 06576.txt) Auto-classification: Denied

    ________________________________________________________________ RESUME OF CASE: On 23 Mar 94, the Board considered and denied the applicant’s request for an upgrade of his BCD to General (Under Honorable Conditions). After again reviewing this application and the evidence provided in support of his appeal, we remain unconvinced the applicant has been a victim of an error or injustice. ________________________________________________________________ The following members of the Board...

  • AF | BCMR | CY2011 | BC-2011-04757

    Original file (BC-2011-04757.txt) Auto-classification: Denied

    She had an outstanding service record and she has been a good citizen since being discharged. ________________________________________________________________ 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...

  • AF | BCMR | CY2011 | BC-2011-00631

    Original file (BC-2011-00631.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00631 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect her characterization of discharge as general (under honorable conditions) rather than under other than honorable conditions (UOTHC). On 12 December 2002,...

  • AF | BCMR | CY2013 | BC 2013 01764

    Original file (BC 2013 01764.txt) Auto-classification: Denied

    ________________________________________________________________ RESUME OF CASE: On 13 Feb 14, the Board considered and denied the applicant’s request to upgrade her general (under honorable conditions) discharge to honorable For an accounting of the facts and circumstances surrounding the applicant’s requests, and the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit D. On 22 Mar 14, the applicant submitted a request for reconsideration based on...

  • AF | BCMR | CY2011 | BC-2011-04408

    Original file (BC-2011-04408.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04408 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to an honorable discharge. In this respect, we note that while the repeal of DADT provides a basis for correcting the records of certain affected service members, specific criteria must generally be met: (1) the...

  • AF | BCMR | CY2011 | BC-2011-04102

    Original file (BC-2011-04102.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04102 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge. He was discharged on 24 May 93. Exhibit D. Letter, AFBCMR, dated 15 Feb 12, w/atchs.

  • AF | BCMR | CY2010 | BC-2010-00926

    Original file (BC-2010-00926.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00926 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to a general (under honorable conditions) discharge. Further, although the applicant states he has been a productive member of society and has provided a letter of explanation...

  • AF | BCMR | CY2011 | BC-2011-00272

    Original file (BC-2011-00272.txt) Auto-classification: Denied

    On 13 Aug 84, Headquarters Fifteenth Air Force approved the discharge in lieu of trial by court-martial and directed the applicant receive an UOTHC discharge. At the same time, the applicant was offered an opportunity to provide information pertaining to his activities since leaving the service (Exhibit D). _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of...

  • AF | BCMR | CY2010 | BC-2010-01499

    Original file (BC-2010-01499.txt) Auto-classification: Denied

    On 7 March 1977, after consulting with counsel, the applicant filed her request for discharge in lieu of trial by court-martial under the provisions of Air Force Manual 39-12, Chapter 2, Section F. She indicated that if her request for discharge was approved, she understood it may result in her receiving a UOTHC discharge. On 23 March 1978 and 8 December 1980, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request to upgrade her discharge. Furthermore,...

  • AF | BCMR | CY2011 | BC-2011-01689

    Original file (BC-2011-01689.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01689 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to an under honorable conditions (general) discharge. On 14 Nov 96, the applicant’s commander notified him that he was recommending his discharge from the Air Force for drug...