Search Decisions

Decision Text

AF | BCMR | CY2013 | BC 2013 02422
Original file (BC 2013 02422.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02422
		COUNSEL:  NONE
		HEARING DESIRED: NO

	 

________________________________________________________________
_

APPLICANT REQUESTS THAT:

His under other than honorable conditions discharge be upgraded 
to honorable or as an alternative it be upgraded to general 
(under honorable conditions).

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He was wrongfully accused of gun violence.  His chain of command 
did not objectively look at his case, but rather focused on 
forcing him out of the service to avoid negative media 
attention.  Although he was successful in getting his request 
for discharge approved in lieu of court-martial, he insists he 
is innocent of the allegation made against him, which was 
“defense of others”.  Once he was discharged he continued with 
his life and did not look back; however, now he has children and 
would like to be able to tell them that he served our country 
honorably.  His discharge classification is also an impediment 
to employment with the Veterans Affairs (VA) and the Federal 
Aviation Administration.


In support of his request, the applicant provides a letter of 
support from the Dishman Military Advocates, excerpts from his 
military records, and excerpts from the Oklahoma Police 
Department.

His complete submission, with attachments, is at Exhibit A. 

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant received an under other than honorable conditions 
discharge on 28 Jan 84.  The applicant’s commander notified him 
that he was recommending him for discharge for being charged 
with assaulting two civilians with a dangerous weapon.  After a 
legal review, the Staff Judge Advocate found his case legally 
sufficient and the applicant was discharged after serving 
11 years, 8 months, and 25 days on active duty.

________________________________________________________________
_

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 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 his 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 discharge based on 
clemency; however, there was insufficient evidence submitted 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 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-2013-02422 in Executive Session on 28 Jan 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member





The following documentary evidence for AFBCMR Docket Number BC-
2013-02422 was considered:

    Exhibit A.  DD Form 149, dated 10 may 13, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.




                                   
                                   Panel Chair



Similar Decisions

  • AF | BCMR | CY2013 | BC-2013-01788

    Original file (BC-2013-01788.txt) Auto-classification: Denied

    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 applicant’s request for separation be approved. On 9 Dec 2013, the applicant was afforded the opportunity to provide information...

  • AF | BCMR | CY2012 | BC-2012-04493

    Original file (BC-2012-04493.txt) Auto-classification: Denied

    On 11 Jan 1995, the applicant was discharged from the Air Force, with a service characterized as under other than honorable conditions. 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 on 16 Jul 2013, under the provisions of AFI 36-2603: , Panel...

  • AF | BCMR | CY2012 | BC 2012 03253

    Original file (BC 2012 03253.txt) Auto-classification: Denied

    On 10 Sep 1996, the applicant was discharged from the Air Force, with service characterized as general (under honorable conditions). On 17 May 2002, the Air Force Discharge Review Board (AFDRB) denied the applicant’s request for a discharge upgrade. 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.

  • AF | BCMR | CY2013 | BC 2013 02255

    Original file (BC 2013 02255.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02255 COUNSEL: NONE XXXXXXX HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: Her general (under honorable conditions) discharge be upgraded to “honorable.” ________________________________________________________________ APPLICANT CONTENDS THAT: She was exonerated by a judge from Washington. In the interest...

  • AF | BCMR | CY2013 | BC-2013-01961

    Original file (BC-2013-01961.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01961 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. 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 in the discharge...

  • AF | BCMR | CY2013 | BC 2013 02407

    Original file (BC 2013 02407.txt) Auto-classification: Denied

    In support of his request, the applicant provides copies of his DD Form 214, Report of Separation from Active Duty; DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States and a personal statement dated 10 Mar 1975. 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 in the discharge processing. ...

  • AF | BCMR | CY2013 | BC-2013-00654

    Original file (BC-2013-00654.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00654 COUNSEL: NONE XXXXXXX HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to “honorable.” ________________________________________________________________ APPLICANT CONTENDS THAT: His record of service in the Air Force was honorable. ...

  • AF | BCMR | CY2012 | BC-2012-02036

    Original file (BC-2012-02036.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02036 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. On 4 Jan 1989, the applicant was discharged from the Air Force, with service characterized as general (under honorable conditions). In the interest of justice, we considered...

  • AF | BCMR | CY2013 | BC 2013 00513

    Original file (BC 2013 00513.txt) Auto-classification: Denied

    On 15 Jul 90, the applicant’s commander notified him that he was recommending his discharge from the Air Force for unsatisfactory performance. The reasons for the action were that his multiple failures to meet the weight standards prescribed in the Weight Management Program, for which he received three Letters of Reprimand, Unfavorable Information File (UIF) entries, placement on the control roster, and demotion to airman first class. The applicant has exhausted all remedies provided...

  • AF | BCMR | CY2013 | BC-2013-00513

    Original file (BC-2013-00513.txt) Auto-classification: Denied

    On 15 Jul 90, the applicant’s commander notified him that he was recommending his discharge from the Air Force for unsatisfactory performance. The reasons for the action were that his multiple failures to meet the weight standards prescribed in the Weight Management Program, for which he received three Letters of Reprimand, Unfavorable Information File (UIF) entries, placement on the control roster, and demotion to airman first class. The applicant has exhausted all remedies provided...