RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-03197
COUNSEL: NONE
HEARING DESIRED: NO
____________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
____________________________________________________________
APPLICANT CONTENDS THAT:
During the time of his discharge he did not receive any counseling or
proper medical consideration. He believed his discharge would be upgraded
after six months of leaving military service. He believes his discharge
should be upgraded due to his outstanding job performance while on active
duty.
In support of his request, applicant provides a personal statement and
copies of documents extracted from his military personnel records.
Applicant’s complete submission, with attachments, is at Exhibit A.
____________________________________________________________
STATEMENT OF FACTS:
On 10 Sep 79, the applicant contracted his enlistment in the Regular Air
Force. He served as an Aircraft Maintenance Airlift/Bombardment
Specialist.
On 24 Oct 80, the applicant’s commander notified him that he was
recommending his discharge from the Air Force for frequent involvement of a
discreditable nature with civilian or military authorities. The specific
reasons for the discharge action were:
a. On 9 Jun 80, the applicant received an Article 15 for driving
under the influence (DUI).
b. On 6 Aug 80, he received an Article 15 for wrongfully possessing
marijuana.
His commander advised him of his rights in this matter, and appointed an
evaluation officer to review the applicant’s case.
The evaluation officer conducted an interview with the applicant, reviewed
the applicant’s records and comments by his commander, and recommended the
applicant be discharged from the Air Force with a general discharge
The applicant acknowledged receipt of the notification for discharge and
after consulting with the evaluation officer invoked his right to submit a
rebuttal or statements in his own behalf.
The legal office reviewed the case and found it legally sufficient to
support separation and recommended discharge with a general discharge
without probation and rehabilitation.
The discharge authority directed a general discharge without probation and
rehabilitation.
He was discharged on 10 Dec 80. He served one year, three months and one
day of active service.
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 31 Jan 11, a copy of the Investigative Report was forwarded to the
applicant along with a request for post-service documentation for review
and comment within 30 days (Exhibit D).
The applicant believes he had a severe mental defect or illness associated
with his alcohol/drug abuse problems. He also believes he should have been
allowed to complete the drug rehabilitation program based on his
outstanding duty performance.
The applicant’s complete response, 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, to include his rebuttal response, 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 persuade us to recommend granting the relief sought on
that basis. Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the relief sought in this application.
____________________________________________________________
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 Docket Number BC-2009-
03197 in Executive Session on 1 Mar 11 and 23 Mar 11, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Aug 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, Applicant, dated 24 Jan 11, w/atchs.
Exhibit E. Letter, AFBCMR, dated 31 Jan 10, w/atchs.
Panel Chair
AF | BCMR | CY2008 | BC-2007-03197
On 22 Oct 64, the applicant’s commander notified him that he was recommending his discharge from the Air Force for unsuitability. The evaluation officer conducted an interview with the applicant, reviewed his records and comments by his commander, and recommended his discharge from the Air Force with a general discharge without probation and rehabilitation. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the...
AF | BCMR | CY2008 | BC-2007-02864
In a legal review of the discharge case file, the staff judge advocate found it legally sufficient and recommended that he be discharged from the Air Force with a general discharge and concurred with the evaluation officer that the applicant not be considered for probation and rehabilitation. Exhibit D. Letter, AFBCMR, dated 29 Nov 07. Exhibit E. Letter, AFBCMR, dated 29 Nov 07, w/atch.
AF | BCMR | CY2011 | BC-2011-02267
On 22 Aug 73, the discharge authority concurred with the recommendation for an undesirable discharge without probation and rehabilitation. He accumulated 398 days of lost time, which includes 4 days absent without leave from 9 Aug 73 to 12 Aug 73, and 389 days of confinement from 31 Aug 73 to 23 Sep 74. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of...
AF | BCMR | CY2012 | BC-2012-00053
On 21 Aug 81, the evaluation officer interviewed the applicant, reviewed his records and case file. On 24 Aug 81, the evaluation officer recommended the applicant be furnished and rehabilitation. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-00053 in Executive Session on 26 Jul 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149,...
AF | BCMR | CY2008 | BC-2007-02826
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02826 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. On 1 Aug 81, the applicant was counseled for failure to go. _________________________________________________________________ APPLICANT’S REVIEW OF FBI...
AF | BCMR | CY2011 | BC-2011-01568
On 14 Aug 81, the applicant was discharged from all appointments under the provisions of AFR 36-2, by reason of involuntary discharge: unfit, unacceptable conduct, with service characterized as general (under honorable conditions). The applicant provided a personal statement in support of his appeal to have his discharge upgraded based on clemency; however, considering his overall record of service-and the seriousness of the offenses which led to his administrative separation, we are...
AF | BCMR | CY2008 | BC-2008-00438
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00438 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO ______________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to an honorable discharge. The applicant was discharged on 8 May 80. ______________________________________________________________ THE BOARD DETERMINES THAT: The...
AF | BCMR | CY2012 | BC-2012-00129
Dereliction of duty--willful failure to report marijuana use by other Air Force members, between 1 Mar 82 and 30 Sep 82. Failure to report to duty, on or about 14 Apr 82. On 17 May 83, the applicant was furnished a General (Under Honorable Conditions) Discharge for misconduct—a pattern of misconduct prejudicial to good order and discipline and credited with 3 years, 9 months, and 21 days of service.
AF | BCMR | CY2011 | BC-2010-004083
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04083 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to a general discharge. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend...
AF | BCMR | CY2008 | BC-2007-03103
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03103 INDEX CODE: 110.00 COUNSEL: NOT INDICATED HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His characterization of service be upgraded from general (under honorable conditions) to honorable. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We considered...