Search Decisions

Decision Text

AF | BCMR | CY2013 | BC 2013 02855
Original file (BC 2013 02855.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02855

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded 
to honorable.  

________________________________________________________________

APPLICANT CONTENDS THAT:

Pertinent issues pertaining to his case were never addressed; he 
has no convictions, and there was just an agreement offered with 
prejudice without counsel.

The applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted 
in the Army on 30 Apr 70.

On 10 Jun 70, the applicant was furnished a general (under 
honorable conditions) discharge for unsuitability and was 
credited with 1 month and 11 days of total active service.

On 24 Aug 70, the applicant enlisted in the Regular Air Force.

On 22 Oct 71, summary court-martial charges were preferred 
against the applicant for three specifications of assault, in 
violation of Article 128, Uniform Code of Military Justice 
(UCMJ).

On 6 Nov 71, the applicant requested discharge in lieu of court-
martial for the good of the service.

On 17 Nov 71, the request for discharge was reviewed and 
determined to be legally sufficient and, on 1 Dec 71, was 
approved by the Numbered Air Force (NAF) Commander.

On 9 Dec 71, the applicant was furnished an under other than 
honorable conditions (UOTHC) discharge and was credited with 
1 year, 3 months, and 16 days of total active service.

On 1 Jun 77, the Air Force Discharge Review Board (AFDRB) 
approved the applicant’s request to upgrade his UOTHC discharge 
to a general (under honorable conditions) discharge, indicating 
abuse of alcohol may have contributed to the applicant’s 
misconduct.  The Board concluded the evidence presented was 
sufficiently credible enough to substantiate upgrading the 
discharge to a general discharge; however, his misconduct and 
substandard performance did not warrant an Honorable discharge.

On 18 Sep 78, the AFDRB denied the applicant’s request to 
upgrade his general discharge to an honorable discharge, 
indicating the discharge was consistent with the procedural and 
substantive requirements of the discharge regulations and was 
within the sound discretion of the discharge authority.  The 
Board concluded that during the applicant’s brief period of 
service, he made little contribution to his unit’s mission and 
his performance was deemed unsatisfactory and did not warrant 
upgrading the discharge.

On 27 Feb 14, a request for post-service information was 
forwarded to applicant for comment within 30 days.  As of this 
date, no response has been received by this office (Exhibit C).

________________________________________________________________

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 in judging the 
merits of the case; however, we are not persuaded that 
corrective action is warranted.  While the Air Force Discharge 
Review Board was compelled to upgrade the applicant’s under 
other than honorable conditions (UOTHC) discharge to general 
(under honorable conditions) discharge, we find no basis to 
recommend a further upgrade of the applicant’s discharge 
characterization to fully honorable.  In this respect, we note 
that this Board, in the interest of justice, can recommend the 
upgrade of a discharge based on clemency when an applicant has 
brought forth evidence of personal contributions to society 
since his or her discharge that are so substantial that they 
overcome the misconduct for which he or she was discharged.  
However, having no such showing in this case, we find no basis 
to recommend granting the relief sought in this application.  

________________________________________________________________

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-2013-02855 in Executive Session on 27 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 7 Jun 13.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFBCMR, dated 27 Feb 14, w/atch.




                                   
                                   Panel Chair
                                    

Similar Decisions

  • AF | BCMR | CY2003 | BC-2003-00141

    Original file (BC-2003-00141.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00141 INDEX CODES: 108.00, 121.02, 123.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect that he is entitled to payment for lost time from 24 Nov 70 to 4 Feb 71 and six (6) days of forfeited accrued leave. ...

  • AF | BCMR | CY2013 | BC-2012-02783

    Original file (BC-2012-02783.pdf) Auto-classification: Denied

    On 10 Dec 70, the Air Force Military Personnel Center (AFMPC) reviewed the case and recommended disapproval stating there was insufficient justification to support a waiver of the one year ADSC. 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...

  • AF | BCMR | CY2005 | BC-2005-00056

    Original file (BC-2005-00056.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00056 INDEX CODE: 110.02 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 8 May 2006 ___________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. They concluded that the discharge was consistent with the procedural and substantive...

  • AF | BCMR | CY2013 | BC-2013-01508

    Original file (BC-2013-01508.txt) Auto-classification: Denied

    On 22 Dec 88, the applicant was discharged for Misconduct – Drug Abuse with service characterized as general (under honorable conditions) in the grade of airman. On 14 Oct 93, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s appeal for upgrade of her discharge to honorable. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of...

  • AF | BCMR | CY2013 | BC 2013 04716

    Original file (BC 2013 04716.txt) Auto-classification: Denied

    The wing commander reviewed the case and recommended the 21 AF/CC approve the applicant’s request for discharge in lieu of trial by court-martial and ordered that he be discharged with an UOTHC discharge. According to AFHQ Form 0-2077, Air Force Discharge Review Board (AFDRB) Hearing Record dated 6 Jun 13, the applicant was offered, but declined, a personal appearance before the board and requested that the review be completed based on the available service record. The AFDRB noted that if...

  • AF | BCMR | CY2011 | BC-2011-01588

    Original file (BC-2011-01588.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01588 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. On 30 Apr 71, the applicant was discharged from the Air Force with a general (under honorable conditions) discharge in the grade of airman first class. After thoroughly...

  • AF | BCMR | CY2013 | BC-2013-00887

    Original file (BC-2013-00887.txt) Auto-classification: Denied

    On 12 Oct 71, the Air Force Discharge Review Board (AFDRB) reviewed the applicant’s request to upgrade his discharge, but denied the request because the facts of record in his case did not warrant changing the type of discharge. Therefore, in the absence of evidence to the contrary, we conclude that no basis exists to upgrade the applicant’s Undesirable discharge. ________________________________________________________________ The following members of the Board considered AFBCMR...

  • AF | BCMR | CY1998 | 9801136

    Original file (9801136.pdf) Auto-classification: Denied

    3 AFBCMR 96- 01136 Therefore, if the AFBCMR overturns his court-martial action, he would only be entitled to have his former grade of airman reinstated with an effective date and date of rank of 3 May 72. Concerning the applicant's request that his court- martial conviction be overturned, we note that 10 USC 1552(f) limits this Board to correction of a record to reflect actions taken by the reviewing official and action on the sentence of a court-martial for the purpose of clemency. ...

  • AF | BCMR | CY2013 | BC 2013 05603

    Original file (BC 2013 05603.txt) Auto-classification: Denied

    Before recommending discharge the commander noted he reviewed the applicant’s records. In the interest of justice, we considered upgrading the discharge on the basis of clemency; however, after considering his overall record of service, the infractions which led to his administrative separation and the lack of post-service information we are not persuaded that an upgrade is warranted on that basis. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did...

  • AF | BCMR | CY2011 | BC-2011-01102

    Original file (BC-2011-01102.txt) Auto-classification: Denied

    On 23 Jan 96, the Air Force Discharge Review Board (AFDRB) denied the applicant’s request for an upgrade of his UOTHC discharge to honorable. In reviewing the applicant's claim, there must be evidence that an error or injustice occurred with the characterization of the involuntary separation due to a medical reason. The complete BCMR Medical Consultant evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE...