RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03613
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be changed to an Honorable discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
He did not have proper counsel to advise him of his options prior to his discharge; therefore, he did not have the opportunity to have his case reviewed prior to discharge. His record should be corrected based on his clean record since his discharge.
The applicant’s complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant’s military personnel records indicate that he enlisted in the Regular Air Force on 8 Feb 77 for a period of four years and was progressively promoted to the grade of airman first class (E-3), effective and with a date of rank of 7 Sep 79.
On 8 Jan 80, the applicant’s commander notified him of his intent to recommend him for discharge from the Air Force for apathy, defective attitude, and inability to expend efforts constructively in accordance with AFM 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program. The reasons for the action included his diagnosis of situational adjustment reactions, repeated threats of physical violence to his spouse, threatening and disrespectful behavior towards a non-commissioned officer, arrest by civil authorities for tampering with an automobile, being absent without leave (AWOL), 17 incidences of charging long distance calls to third parties without authorization to do so, and failure to launch an aircraft.
On 13 Feb 80, the applicant acknowledged receipt of the action and, after consulting with legal counsel, waived his right to a hearing and elected not to submit statements on his behalf.
On 19 Feb 80, the case was found to be legally sufficient and the discharge authority approved the applicant’s discharge on 21 Feb 80. On 26 Feb 80, he was furnished a General (Under Honorable Conditions) discharge and was credited with 2 years, 11 months, and 21 days of total active service.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is attached at Exhibit C.
A copy of the FBI Report of Investigation and a request for post-service information was forwarded to applicant on 11 Jan 11 for review and comment within 30 days. As of this date, no response has been received by this office (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 an 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 process. Based on the available evidence of record, it appears the applicant’s General (Under Honorable Conditions) discharge was consistent with the substantive requirements of the discharge regulation and within the discharge authority’s discretion. He has provided no evidence which would lead us to believe otherwise. We considered upgrading the discharge based on clemency; however, in the absence of any evidence pertaining to the applicant’s post-service activities, we find no basis 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 to recommend upgrading the applicant’s General (Under Honorable Conditions) discharge.
________________________________________________________________
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-2010-03613 in Executive Session on 25 May 11, under the provisions of AFI 36-2603:
Ms. XXXXXXXXXX, Panel Chair
Mr. XXXXXXXXXX, Member
Mr. XXXXXXXXXX, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Sep 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 11 Jan 11.
XXXXXXXXXX
Panel Chair
AF | BCMR | CY2011 | BC-2010-03863
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS On 30 Jan 92, the applicant was notified by his commander of his intent to recommend his discharge from the Air Force for Misconduct—Minor Disciplinary Infractions, under the provisions of AFR 39-10, Administrative Separation of Airmen. The following members of the Board considered AFBCMR Docket Number BC-2010-03863 in Executive Session on 14 Jul 11, under the provisions of AFI 36-2603:
AF | BCMR | CY2011 | BC-2006-02328
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS The applicant did not petition the CAAF for review of his case within the statutory time period; as a result, the findings and sentence in his case became final and conclusive on 2 Feb 06. In an application to the Board, dated 11 Feb 09, the applicant submitted his present case.
AF | BCMR | CY2009 | BC-2009-02632
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS Based on the available evidence of record, it appears the applicant’s UOTHC discharge for misconduct-sexual deviation was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority. In view of the foregoing, and in the absence of evidence to the contrary, we conclude that no basis exists to upgrade the applicant’s UOTHC discharge.
AF | BCMR | CY2010 | BC 2010 02751
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02751 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) be upgraded to honorable. Pursuant to the Boards 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...
AF | BCMR | CY2006 | BC-2005-03875
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005- 03875 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 23 JUNE 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable. A complete copy of the Air Force evaluation is at Exhibit...
AF | BCMR | CY2009 | BC-2009-01667
Applicant re-enlisted on 5 Dec 55 for a period of four years. By letter, dated 27 Jul 09, Mr. XXXXXXXXXX, XXXXXXX County Veterans Service Officer, attests to the applicant’s good character, eluding to his struggle with alcohol and citing the lack of help for alcoholics in “the old days” (Exhibit F). The following members of the Board considered AFBCMR Docket Number BC-2009-01667 in Executive Session on 1 Sep 09, under the provisions of AFI 36-2603:
AF | BCMR | CY2010 | BC-2010-00313
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00313 INDEX CODE: A94.39/40 XXXXXXX 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 applicants General (Under Honorable Conditions) discharge was consistent with the...
AF | BCMR | CY2003 | BC-2002-00043
On 14 Jun 95, the applicant was discharged under the provisions of AFI 36-3209, with service characterized as general (under honorable conditions), and was issued a reenlistment eligibility status of “Ineligible.” Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit C. ___________________________________________________________________ AIR FORCE EVALUATION: HQ AFRC/JAJ recommends that no...
AF | BCMR | CY2007 | BC 2007 03549
The case file was found legally sufficient and the discharge authority approved the separation. ________________________________________________________________ _ APPLICANTS REVIEW OF THE FBI REPORT: Applicant states at the time he submitted his application, he based it on his active duty service records. There is one conviction he is challenging through the courts in a remedy known as Post-Conviction Relief.
AF | BCMR | CY2009 | BC-2009-02355
Based on the available evidence of record, it appears the applicant’s General (Under Honorable Conditions) discharge for unsatisfactory performance was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority. In view of the foregoing, and in the absence of evidence to the contrary, we conclude that no basis exists to upgrade the applicant’s General (Under Honorable Conditions) discharge. Exhibit D. Letter, AFBCMR, dated 31...