RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02133
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
The record is not in error but unjust due to his service as a
Law Enforcement specialist. He served honorably for a year and
a month. He received an Article 15 for falling asleep on his
post although he was sick with fever at the time of the
incident. He was then given the option to continue serving or
be discharged. He chose the latter due to his fathers failing
health.
He never thought to amend his record. He never viewed his
discharge as dishonorable until he was denied certain VA
benefits. Since his discharge, he has completed his college
education and worked his way up the corporate ladder. He is now
the manager of eight sales representatives for a Fortune 500
company. He would like his discharge upgraded so that he can
qualify for a VA home loan to purchase a home for his family.
In support of his appeal, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty and a list of the items needed for a VA home loan.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 25 July 1988.
On 29 August 1989, his commander notified him of his intent to
recommend him for discharge for minor disciplinary infractions.
Specifically, the applicant received one Article 15, four
Letters of Reprimand and six Letters of Counseling. On
30 August 1989, the applicant acknowledged receipt of his
commanders intent. He also acknowledged his right to consult
counsel and submit matters on his behalf: he declined both.
The Staff Judge Advocate reviewed the case and found it legally
sufficient on 30 August 1989.
The discharge authority directed the applicant be discharged
with a general (under honorable conditions) discharge. His
narrative reason for separation was listed as misconduct
pattern of minor disciplinary infractions and his reentry code
is listed as 2B (approved involuntary separation with less than
honorable discharge.) He was credited with 1 year, 1 month and
6 days of active duty service.
Pursuant to the Board's request for information, the FBI
indicated that, on the basis of the evidence provided, they were
unable to locate an arrest record pertaining to the applicant.
The applicant appeals to the Board for clemency. Since leaving
the service, he has listened to the needs of others and offered
a helping hand. He believes this is what has made him
successful in his career and it brings him a sense of purpose
and satisfaction. He enjoys helping others and providing
direction and encouragement. He is most proud of his role as a
good husband and father. It has taken him 20 years to appeal
for a second chance at being an honorable veteran; and, he
requests favorable consideration.
The applicants complete response, with attachments, 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 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, or unduly harsh. We
considered upgrading the discharge based on clemency; however,
we are not inclined to extend clemency at this time. Therefore,
in the absence of evidence to the contrary, we find no basis
upon which 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 2011-02133 in Executive Session on 4 January 2012, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 May 11.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 16 Sep 11.
Exhibit D. Applicants response, dated 3 Nov 11.
Panel Chair
AF | BCMR | CY2013 | BC-2013-01788
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01788 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded. On 9 Jan 1981, his commander recommended the applicants request for separation be approved. On 9 Dec 2013, the applicant was afforded the opportunity to provide information...
AF | BCMR | CY2013 | BC 2013 03020
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03020 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation, as reflected in Block 28 of his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed from Unsatisfactory Performance...
AF | BCMR | CY2010 | BC-2010-04569
On 13 July 1989, the applicant was discharged from active duty with a general (under honorable conditions) discharge. On 2 March 2011, the applicant was given an opportunity to submit comments in response to the FBI Report and about his post service activities (Exhibit D). Furthermore, we do not find clemency is appropriate in this case since the applicant has not provided any evidence concerning his post-service activities.
AF | BCMR | CY2011 | BC-2011-03066
On 11 October 2011, the applicant was given an opportunity to submit comments about his post service activities and in response to the FBI Report (Exhibit D). He was told by his Air Force attorney that his discharge would be upgraded automatically in six months after his discharge, but it was not. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03066 in Executive Session on 15 March 2012, under the...
AF | BCMR | CY2013 | BC 2013 03869
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03869 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded. ________________________________________________________________ APPLICANT CONTENDS THAT: He was given the opportunity to leave the Air Force to save his marriage. ...
AF | BCMR | CY2013 | BC 2013 03284
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03284 COUNSEL: NO HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His honorable discharge be changed to an honorable hardship discharge. On 22 Apr 92, the applicants commander concurred with the supervisors recommendation and non-selected the applicant for reenlistment. He discussed his family concerns and...
AF | BCMR | CY2008 | BC-2008-00172
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00172 INDEX CODE: 110.00 XXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge. In support of his request, applicant provided a personal statement, documentation associated with the Court of...
AF | BCMR | CY2007 | BC-2007-01469
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01469 INDEX CODE: 110.00 XXXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 8 November 2008 ________________________________________________________________ APPLICANT REQUESTS THAT: His characterization of service be upgraded from general to honorable. On 17 April 2007, the SAF/MRB Legal Advisor provided a generic opinion concerning service...
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS AUG 3 11998 IN THE MATTER OF: DOCKET NUMBER: 97-01105 COUNSEL : HEARING DESIRED: NO APPLICANT REOUESTS THAT: He be reinstated in the Regular Air Force in the grade of airman (E-21, which was the grade he held at the time of discharge. Applicant alleges that the discharge authority discharged him prematurely before completion of an investigation of three Inspector General (IG) complaints he filed and the...
AF | BCMR | CY2009 | BC-2009-00415
On 18 Feb 83, the Air Force Court of Military Review affirmed the findings and approved the sentence as adjudged, although it reassessed the sentence and found appropriate only so much of the sentence that extended to a BCD, confinement for two months, forfeiture of $125.00 pay per month for four months and reduction to the grade of E-1. The complete AFLOA/JAJM evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE...