Search Decisions

Decision Text

AF | BCMR | CY2013 | BC 2012 05448
Original file (BC 2012 05448.txt) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05448
	XXXXXXX 	COUNSEL:  NONE
		HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be 
upgraded to general (under honorable conditions).

________________________________________________________________

APPLICANT CONTENDS THAT:

At the time he enlisted in the Air Force he had a great deal of 
trouble that resulted in his entry into the juvenile justice 
system.  He had a lot of problems with authority figures both 
prior to and while in the service, which led to time in the brig 
and his eventual discharge.  

He had become addicted to alcohol and did not receive any 
treatment.  These issues have followed him into his adult life, 
including legal issues.  He is trying to get his life back 
together; he is no longer homeless and is clean and sober. He is 
under treatment in the civilian community for all of his 
problems and would like to get his discharge upgraded so that he 
may access the services available through the Department of 
Veterans Affairs (DVA).  This would help him continue to remain 
sober as well as obtain suitable employment and become a 
productive member in his community.  He has been given the dual 
diagnosis of substance addiction and Post-Traumatic Stress 
Disorder (PTSD) from life events, is in counseling and receiving 
medication to help control his problems.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 16 Mar 79, the applicant enlisted in the Regular Air Force 
for a period of four years.  

On 25 Sep 79, the squadron commander notified the applicant of 
administrative discharge action for frequent involvement of a 
discreditable nature with civil and military authorities.  The 
applicant had two Article 15s, two Letters of Reprimand, and was 
convicted by a special court-martial.  For a full list of the 
offenses, please see the commander’s notification letter at 
Exhibit B.  After consulting with counsel, the applicant waived 
his right to submit statements in his own behalf.  The staff 
judge advocate found the case file legally sufficient and 
recommended the applicant receive an UOTHC discharge.  On 
2 Nov 79, the discharge authority approved the UOTHC discharge.

On 6 Nov 79, the applicant was discharged with service 
characterized as UOTHC.  He was credited with 7 months, and 
21 days of active duty service.  

________________________________________________________________

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.  In the interest of 
justice, we considered upgrading the applicant’s discharge on 
the basis of clemency; however, in view of the applicant’s 
overall record of service, the numerous infractions which led to 
his administrative separation and the lack of post-service 
documentation, we are not persuaded that an upgrade of the 
characterization of his discharge is warranted on that basis.  
Should the applicant provide additional information, e.g., post-
service documentation to support his claim, we would be willing 
to reconsider his request.  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 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-2012-05448 in Executive Session on 5 Sep 13, under the 
provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Dec 61 (sic). 
    Exhibit B.  Applicant's Master Personnel Records.




                                   Panel Chair








Similar Decisions

  • AF | BCMR | CY2010 | BC-2010-01814

    Original file (BC-2010-01814.txt) Auto-classification: Denied

    On 13 Nov 79, the applicant submitted a request for discharge. The applicant was discharged on 15 Nov 79 with a UOTHC discharge, with the narrative reason for separation of “request for discharge for the good of the service.” Pursuant to the Board’s request, the Federal Bureau of Investigations (FBI) provided an investigative report which is at Exhibit C. A copy of the report and a request for post- service information was forwarded to the applicant on 10 Sep 10 (Exhibit D). His addictions...

  • AF | BCMR | CY2013 | BC 2013 03309

    Original file (BC 2013 03309.txt) Auto-classification: Denied

    k. On 4 Apr 79, the applicant was in violation of AFR 35-10 and again failed to go at the prescribed time to his appointed place of duty. On 9 Nov 79, 22 Nov 79, 2 Dec 79 and 11 Dec 79, the applicant's commander received notice from American Express stating that the applicant's account was overdrawn. On 21 Jan 80, 5 Feb 80, 11 Feb 80, 14 Mar 80, 15 Mar 80 and 15 Apr 80, the applicant's commander received notice from AAFES stating that the applicant had written numerous dishonored checks.

  • AF | BCMR | CY2014 | BC 2014 00190

    Original file (BC 2014 00190.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00190 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to a general (under honorable conditions) discharge. As of this date, no response has been received by this office (Exhibit C). Based on the available evidence of record, it appears the discharge was consistent with the substantive...

  • AF | BCMR | CY2012 | BC-2012-05023

    Original file (BC-2012-05023.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05023 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to an Honorable discharge. We took notice of the applicant’s complete submission in judging the merits of the case; however, we do not find the documentation presented sufficient...

  • AF | BCMR | CY2008 | BC-2008-00492

    Original file (BC-2008-00492.doc) Auto-classification: Denied

    Capt M started court-martial proceedings against him. Although he has no proof, he feels his discharge was based on the ill-feelings Capt M had towards him. The applicant submitted a similar application to the Air Force Discharge Review Board (AFDRB) requesting his discharge be upgraded to honorable.

  • AF | BCMR | CY2010 | BC-2009-01486

    Original file (BC-2009-01486.doc) Auto-classification: Denied

    The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSOS recommends denial. The complete DPSOS evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: At the time...

  • AF | BCMR | CY2009 | BC-2009-00415

    Original file (BC-2009-00415.doc) Auto-classification: Denied

    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...

  • AF | BCMR | CY2014 | BC 2014 01594

    Original file (BC 2014 01594.txt) Auto-classification: Denied

    On 4 Apr 89, the applicant was convicted in a General Court- Martial of two violations of Article 112a, wrongfully use of cocaine and distribution of cocaine. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFLOA/JAJM recommends denial indicating there is no evidence of an error or an injustice. We find no evidence which...

  • AF | BCMR | CY2009 | BC-2009-00225

    Original file (BC-2009-00225.doc) Auto-classification: Denied

    ___________________________________________________________________ APPLICANT CONTENDS THAT: He had no idea about the effects of drug addiction, neither did the Air Force at that time. On 6 Mar 86, the applicant was discharged under the provisions of AFR 39-10, by reason of misconduct – drug abuse, with service characterized as general (under honorable conditions). ___________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that...

  • AF | BCMR | CY2009 | BC-2009-01628

    Original file (BC-2009-01628.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-01628 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected as follows: 1. In response to the Board’s request, the FBI indicated that on the basis of the data furnished they were unable to identify with an...