RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05348
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
APPLICANT CONTENDS THAT:
He had several conflicts with his new supervisor that resulted
in him to unfairly receive countless letters of reprimand (LOR)
and be charged with being absent without leave when he was
actually at a random drug screening.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
According to the applicants military personnel records, he
initially entered the Regular Air Force on 24 Aug 84 and served
on active duty until 12 Nov 87, when he was furnished a general
(under honorable conditions) discharge for misconduct pattern
of discreditable involvement with civil or military authorities.
He was credited with three years, two months, and three days of
total active service, but charged with lost time during the
period 20 Sep 87 through 6 Oct 87. A copy of the applicants
discharge package is not available; therefore, the circumstances
surrounding his discharge could not be verified.
On 27 Jun 14, a request for post-service information was
forwarded to the applicant for review and comment within
30 days. In response, the applicant provides copies of two
supporting statements and an expanded personal statement
describing his activities since leaving the 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 an error or injustice. We took
notice of the applicants complete submission in judging the
merits of this case; however, we find no evidence or an error or
injustice that occurred during the discharge processing. We
note the applicants military personnel records do not include a
copy of the discharge package for our review. Therefore, the
facts surrounding his separation and character of service could
not be verified. However, based on the presumption of
regularity in the conduct of governmental affairs, absent
evidence to the contrary, we must assume that his discharge, to
include his service characterization and narrative reason for
separation, were proper and in compliance with the directive
under which it was effected. In the interest of justice, we
considered upgrading the discharge based on clemency; however,
we do not find the evidence presented sufficient to conclude
that his contributions to his community since leaving the
service are sufficient to overcome the misconduct for which he
was discharged. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend favorable consideration
of the 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-2013-05348 in Executive Session on 23 Sep 14, under
the provisions of AFI 36-2603:
Ms., Panel Chair
Mr., Member
Mr., Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-05348 was considered:
Exhibit A. DD Form 149, dated 13 Nov 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 27 Jun 14.
1
AF | BCMR | CY2013 | BC 2013 05360
In the interest of justice, we considered upgrading the discharge on the basis of clemency; however, we do not find the evidence presented is sufficient for us to recommend granting the relief sought on that basis at this time. For these reasons, this Board very carefully weighs requests to upgrade the character of a discharge and, in doing so, carefully considers whether the impact of an applicant's contributions to his or her community since leaving the service are substantial enough for...
AF | BCMR | CY2014 | BC 2014 02061
On 27 Oct 87, the case was found legally sufficient and, on 4 Nov 87, the discharge authority directed the applicant be discharged. 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. Exhibit C. Letter, AFBCMR, dated 4 Aug 14, w/atchs.
AF | BCMR | CY2009 | BC 2009 02949 2
On 12 Nov 14, SAF/MRBR provided the applicant with an opportunity to submit information pertaining to his activities since leaving the service. In an earlier finding, the Board determined there was insufficient evidence to warrant any corrective action. Exhibit D. Letter, SAF/MRBR, dated 12 Nov 14, w/atch.
AF | BCMR | CY2013 | BC 2013 04392
In the interest of justice, we considered upgrading the discharge based on clemency; however, in the absence of any evidence for us to consider in determining whether or not the applicants activities since leaving the service are sufficient to overcome the misconduct for which he was discharged, we are not inclined to recommend granting the relief sought on that basis. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the...
AF | BCMR | CY2013 | BC 2013 05498
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05498 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Other Than Honorable Discharge be upgraded to Honorable. 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...
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 | CY2014 | BC 2014 00135
The applicants discharge package is not available for review; therefore, the circumstances precipitating the applicants discharge could not be verified. In the interest of justice, we considered upgrading the discharge based on clemency; however, in the absence of any evidence related to the applicants post-service activities, there is no way for us to determine if the applicants accomplishments since leaving the service warrant such an action. THE BOARD DETERMINES THAT: The applicant...
AF | BCMR | CY2006 | BC-2005-02827
On 5 Mar 92, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request to have his UOTHC discharge upgraded to honorable. Based on the documentation from the previous review by the AFDRB and the limited documentation on file in the master personnel record, they found the discharge consistent with the procedural and substantive requirements of the discharge regulation. The Board noted the applicant’s prior honorable periods of service and his accomplishments...
AF | BCMR | CY2014 | BC 2014 01451
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01451 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His general under honorable conditions discharge be upgraded to honorable. He has spent many years reflecting upon this. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to recommend granting relief on that basis.
AF | BCMR | CY2013 | BC 2013 05603
Before recommending discharge the commander noted he reviewed the applicants 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...