RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03743
COUNSEL: NONE
HEARING DESIRED: NO
______________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged in his second term of service following an
honorable first term. He has learned the importance of
financial responsibility. An upgrade would enable him to better
care for his family and allow for better job opportunities.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 7 Jan 1998, the applicant enlisted in the Regular Air Force.
On 19 Nov 2002, his commander notified him he was recommending
he be discharged under the provisions of AFPD 36-32, Military
Retirements and Separations and AFI 36-3208, Administrative
Separation of Airmen, for minor disciplinary actions. The
specific reasons for his action are reflected in the
Notification Memorandum, dated 19 Nov 2002, at Exhibit B.
On 27 Nov 2002, the Staff Judge Advocate found the discharge
legally sufficient.
On 13 Dec 2002, the applicant was discharged from the Air Force,
with service characterized as general (under honorable
conditions). He served 4 years, 11 months, and 6 days of total
active service.
On 28 Sep 2009, the Air Force Discharge Review Board (AFDRB)
denied the applicants request for a discharge upgrade. A copy
of the AFDRB hearing record is at Exhibit B.
On 28 Mar 2013, a request for post-service information was
forwarded to the applicant for review and comment within 30 days
(Exhibit C), as of this date, no response has been received by
this office.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial. DPSOR states that based on the
documentation on file in the master personnel records, the
discharge to include his character of service was consistent
with the procedural and substantive requirements of the
discharge instruction and was within the discretion of the
discharge authority. The applicant did not provide any evidence
of an error or injustice that occurred in the discharge
processing. The discharge authority approved a general (under
honorable conditions) discharge based on his overall
performance. According to AFI 36-3208, a general discharge is
appropriate when "significant negative aspects of the airman's
conduct or performance of duty outweighs positive aspects of the
airman's military record." His misconduct in this case clearly
outweighs the positive aspects of his service. The commander
stated before recommending the discharge that every effort was
made by his supervisors to rehabilitate him. He demonstrated a
lack of respect for authority and a total disregard for policies
and procedures constantly throughout his military career. The
record further shows he was counseled on numerous occasions for
his behavior and afforded an opportunity to overcome his
deficiencies.
The complete DPSOR evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 10 Oct 2012, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. As of
this date, no response has been received by this office (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 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 its
rationale as the basis for our conclusion the applicant has not
been the victim of an error or injustice. 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. 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 Docket Number BC-
2012-03743 in Executive Session on 30 May 2013, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, 17 Aug 2012.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 28 Mar 2013.
Exhibit D. Letter, AFPC/DPSOR, dated 27 Sep 2012.
Exhibit E. Letter, SAF/MRBR, dated 10 Oct 2012.
Panel Chair
AF | BCMR | CY2013 | BC-2012-03743
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03743 COUNSEL: NONE HEARING DESIRED: NO ______________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. On 28 Sep 2009, the Air Force Discharge Review Board (AFDRB) denied the applicants request for a discharge upgrade. In the interest of justice, we considered upgrading the...
AF | BCMR | CY2012 | BC-2012-04598
On 25 Jan 2011, he was discharged from the Air Force, with service characterized as general (under honorable conditions). ________________________________________________________________ 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...
AF | BCMR | CY2014 | BC 2014 00375
On 9 Aug 02, the applicant's commander notified him that he was recommending his discharge from the Air Force for commission of a serious crime, specifically one or more indecent acts or offenses with a child under the age of 16. They concluded that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and the applicant was provided full administrative due process. DPSOR found no...
AF | BCMR | CY2013 | BC 2013 04045
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04045 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. On 11 July 2011, the applicant submitted a request to the Air Force Discharge Review Board (AFDRB) for an upgrade to his discharge. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice to warrant changing his narrative reason for...
AF | BCMR | CY2013 | BC-2013-01018
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01018 COUNSEL: NONE XXXXXXX HEARING DESIRED: NO __________________________________________________________________ APPLICANT REQUESTS THAT: 1. On 24 Nov 2008, she was discharged from the Air Force, with service characterized as general (under honorable conditions). DPSOR states that RE code 2B is required per AFI 36- 2606, Reenlistments in the USAF, based on her...
AF | BCMR | CY2013 | BC 2013 05669
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05669 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 12 September 2014, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit C). THE BOARD DETERMINES THAT: The applicant be notified...
AF | BCMR | CY2012 | BC-2012-04650
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04650 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His general, under honorable conditions discharge be upgraded to honorable. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSOR recommends denial, stating, in part, that based on the...
AF | BCMR | CY2013 | BC 2013 03207
________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial of the applicants request to upgrade his discharge to honorable. The applicant did not provide any evidence of an error or injustice that occurred in the discharge processing. The complete Medical Consultants evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: The BCMR Medical...
AF | BCMR | CY2013 | BC-2013-01949
A Medical Evaluation Board (MEB) should have been initiated; instead he was administratively discharged. On 15 Oct 2012, his commander notified him he was recommending he be discharged from the Air Force under the provisions of AFPD 36-32, Military Retirements and Separations and AFI 36-3208, Administrative Separation of Airman. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial.
AF | BCMR | CY2013 | BC 2013 02093
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02093 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. His misconduct in this case, as evidenced by the one Article 15, three letters of reprimand, one record of counseling, and three letters of counseling, which occurred during...