Search Decisions

Decision Text

AF | BCMR | CY2011 | BC-2011-03484
Original file (BC-2011-03484.txt) Auto-classification: Denied
 RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03484 

 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His under other than honorable conditions (UOTHC) discharge be 
upgraded to honorable. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His discharge was unjust because of his first-sergeant’s 
alcoholism, which resulted in him being assigned excessive 
duties and erroneous punishments. He was the base commander’s 
aid and the sergeant was very jealous of his position. He is 
trying to receive medical benefits from the Department of 
Veterans Affairs (DVA). 

 

The applicant’s complete submission is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force, on 15 Oct 59, 
for a period of four years. 

 

On 24 Oct 60, the squadron commander notified the applicant of 
administrative discharge action for unfitness. The specific 
reasons for the proposed action were: (1) apathetic performance 
(2) apathetic response to meeting his financial responsibilities 
and (3) apparent character and behavior disorders. 

 

The applicant was discharged under the provisions of AFM 39-17, Discharge of Airmen Because of Unfitness, on 9 Dec 60, with 
service characterized as undesirable. He was credited with 
1 year, 1 month and 21 days of active duty service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation, Clarksburg, West Virginia, indicated they are 
unable to locate an arrest record based on the data furnished. 

 

________________________________________________________________ 

 

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. Considering the 
applicant’s service, the seriousness of the offenses which led 
to his administrative separation, and the lack of post service 
information since leaving the service, we are not persuaded that 
an upgrade of the characterization of his discharge is warranted 
on the basis of clemency. 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 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-2011-03484 in Executive Session on 12 June 2012, under 
the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 2 Sep 11. 

 Exhibit B. Applicant's Master Personnel Records. 

 

 

 

 

 Panel Chair 

 

 



Similar Decisions

  • AF | BCMR | CY2003 | BC-2002-03484

    Original file (BC-2002-03484.doc) Auto-classification: Denied

    Applicant asserts that the Military Personnel Flight (MPF) failed to provide adequate counseling regarding an authorized Selective Reenlistment Bonus (SRB). We took notice of the applicant's submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. The applicant’s Air Force...

  • AF | BCMR | CY2011 | BC-2011-03094

    Original file (BC-2011-03094.txt) Auto-classification: Denied

    On 20 Dec 72, the base legal office reviewed the case and found it legally sufficient to support the action On 22 Dec 72, the applicant was furnished a general (under honorable conditions) discharge 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, for Apathetic Behavior and Defective Attitude. Therefore, in the absence of evidence to the contrary, we...

  • AF | BCMR | CY2004 | BC-2003-03484

    Original file (BC-2003-03484.doc) Auto-classification: Approved

    The HQ AFPC/DPPPR evaluation, with attachment, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to applicant on 23 April 2004 for review and response. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was...

  • AF | BCMR | CY2008 | BC-2007-03484

    Original file (BC-2007-03484.DOC) Auto-classification: Denied

    He was subsequently promoted to the grade of first lieutenant, and was released from active duty in that grade on 28 November 1945. In addition, given the unlikelihood of success on the merits, they strongly recommend the Board find it would not be in the interest of justice to excuse the delay, and recommend that the Board deny the application as untimely. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the...

  • AF | BCMR | CY2012 | BC-2012-00222

    Original file (BC-2012-00222.pdf) Auto-classification: Denied

    On 17 Dec 1989, the applicant submitted a request to the Air Force Discharge Review Board (AFDRB) for an upgrade to his discharge. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis. ________________________________________________________________ The following members of the Board considered this application in Executive Session...

  • AF | BCMR | CY2013 | BC 2013 04500

    Original file (BC 2013 04500.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04500 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be changed to a medical discharge. In consideration of the appeal for a medical discharge, the reviewer must evaluate whether a medical or mental health condition was unfitting at the time of...

  • AF | BCMR | CY2006 | BC-2006-03007

    Original file (BC-2006-03007.DOC) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: He believes that his time in service including his previous five years of honorable service demonstrates that his discharge was rather harsh punishment for the trivial matter that occurred during his last enlistment. On 1 March 1960, the applicant was notified of his commander’s intent to recommend him for discharge from the Air Force under the provisions of Air Force Regulation (AFR) 39-16. After...

  • AF | BCMR | CY2007 | BC-2007-02049

    Original file (BC-2007-02049.doc) Auto-classification: Denied

    Applicant was discharged on 26 Apr 73, in the grade of airman first class (E-3), under the provisions of AFM 39-12, Chapter 2, Section A, for Unsuitability, and was issued a general discharge. We conclude, therefore, that the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented...

  • AF | BCMR | CY2014 | BC 2014 00370

    Original file (BC 2014 00370.txt) Auto-classification: Denied

    In addition, his CO explained he would not get a replacement if he transferred him, so he would be a cook. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 13 Jan 1964. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to recommend granting relief on that basis.

  • AF | BCMR | CY2011 | BC-2011-00578

    Original file (BC-2011-00578.txt) Auto-classification: Denied

    On or about 19 Feb 59, the applicant, without proper authority, failed to go at the time prescribed to his appointed place of duty. For this misconduct, he received restriction to the base for 14 days. On 4 Nov 60, the applicant was discharged from the Air Force with a general (under honorable conditions) discharge in the grade of airman basic.