RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01724
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He would like his discharge upgraded to receive veterans
benefits.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 14 Nov 86, the applicant commenced his enlistment in the
Regular Air Force (RegAF).
On 4 Jun 87, the applicants commander notified him he was
recommending his discharge from the Air Force for misconduct.
The specific reasons for the action included one incidence of
being disrespectful to a noncommissioned officer, for which he
received nonjudicial punishment under Article 15 of the Uniform
Code of Military Justice, and one incidence of being intoxicated
on station.
On 9 Jun 87, after consulting with legal counsel, the applicant
acknowledged receipt of the action and waived his rights to
submit a statement in his own behalf.
On 11 Jun 87, the legal office reviewed the case and found it
legally sufficient and recommended the applicant be furnished a
general discharge without probation and rehabilitation.
The discharge authority concurred with the findings and
recommendation and directed the applicants discharge. On
15 Jun 87, the applicant was furnished a general discharge and
was credited with seven months and two days of total active
service.
The applicant appealed to the Air Force Discharge Review Board
(DRB) to have his general discharge upgraded. On 31 Dec 90, the
AFDRB considered and denied the applicants request for an
upgrade of his discharge, concluding that it was consistent with
the procedural and substantive requirements of the discharge
regulation, was within the discretion of the discharge
authority, and the applicant was provided full administrative
due process.
On 17 Jan 14, a request for post-service information was
forwarded to the applicant for review and response within 30 days
(Exhibit C). In response, the applicant states he performed his
duties to the best of his ability and tried to instill pride,
self-dignity, and teamwork to his flight. He drank out of
boredom and loneliness. Since his discharge he has worked for
several companies and takes care of his mother. He is currently
trying to open an art gallery and assists others in his community
whenever he can. The applicant also provided a statement from
his therapist which states he has been undergoing treatment with
the Health Center for his Bipolar Disorder.
The applicants complete response, with an attachment, 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 an error or injustice. We took
notice of the applicant's complete submission, to include his
rebuttal response, in judging the merits of the case; however,
we find no evidence of an error or injustice that occurred in
the discharge processing. 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. We considered upgrading the
discharge based on clemency; however, we do not find the
evidence presented is sufficient for us to recommend granting
the relief sought on that basis. Furthermore, while the
applicant contends that he is seeking an upgrade of his
discharge to honorable to qualify for benefits administered by
the Department of Veterans Affairs (DVA), he should know that
his general (under honorable conditions) discharge qualifies him
for certain DVA benefits and should contact the DVA for
clarification. Therefore, in the absence of evidence to the
contrary, we find no basis 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-2013-01724 in Executive Session on 27 Feb 14 and
4 Mar 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Mar 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 17 Jan 14, w/atch.
Exhibit D. Letter, Applicant, undated, w/atch.
Panel Chair
AF | BCMR | CY2012 | BC-2012-01724
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01724 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) upgraded to honorable. On 11 Mar 88, the applicant was discharged with a reason for separation of request for discharge in lieu of trial by court- martial, with service characterized as...
AF | BCMR | CY2013 | BC-2013-00280
He should have been medically discharged. ________________________________________________________________ AIR FORCE EVALUATION: The AFBCMR Medical Consultant recommends denial indicating there is no evidence of an error or injustice. The DVA compensation system was written to allow awarding compensation ratings for conditions that were not considered unfitting for military service at the time of release from military service.
AF | BCMR | CY2013 | BC 2013 00280
He should have been medically discharged. ________________________________________________________________ AIR FORCE EVALUATION: The AFBCMR Medical Consultant recommends denial indicating there is no evidence of an error or injustice. The DVA compensation system was written to allow awarding compensation ratings for conditions that were not considered unfitting for military service at the time of release from military service.
AF | BCMR | CY2014 | BC 2014 02196
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02196 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to Honorable. The applicants complete submission is at Exhibit A. Exhibit C. Letter, SAF/MRBR, dated 22 Jan 15.
AF | BCMR | CY2013 | BC 2013 05845
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05845 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to an Honorable Discharge. In the interest of justice, we considered upgrading the discharge based on clemency; however, due to the applicants failure to provide information regarding his post-service activities, we cannot conclude that such...
AF | BCMR | CY2013 | BC 2013 00004
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00004 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to general. On 8 Jun 87, the discharge authority requested permission to execute the applicants discharge from the Air Force with the characterization of service of UOTHC while...
AF | BCMR | CY2013 | BC-2013-00004
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00004 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to general. On 8 Jun 87, the discharge authority requested permission to execute the applicants discharge from the Air Force with the characterization of service of UOTHC while...
AF | BCMR | CY2013 | BC 2013 05889
On 25 Feb 02, applicant was informed that the Air Force Discharge Review Board (DRB) denied his request to upgrade his discharge. A complete copy of the Medical Consultants evaluation is at Exhibit F. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluation(s) were forwarded to the applicant on 23 Jan 15 for review and comment within 30 days (Exhibit E). With regards to the applicants request to restore his ribbons and medals, we recommend no action be taken as no...
AF | BCMR | CY2013 | BC 2013 04583
On 13 Jun 88, the action was found to be legally sufficient and, on 20 Jun 88, the discharge authority concurred with the commanders recommendation and directed the applicants general (under honorable conditions) discharge. On 23 Jun 88, the applicant was furnished a general (under honorable conditions) discharge for misconduct other serious offenses and was credited with 8 months and 25 days of total active service. The applicant has exhausted all remedies provided by existing law or...
AF | BCMR | CY2013 | BC 2013 02779
A review of the medical records provided did not reveal the applicant was diagnosed or experiencing any acute, chronic medical or mental health condition that was deemed unfitting while on active duty or at the time his separation from military service. A complete copy of the AFBCMR Medical Consultants evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to...