Search Decisions

Decision Text

AF | BCMR | CY2013 | BC 2013 05845
Original file (BC 2013 05845.txt) Auto-classification: Denied
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. 


APPLICANT CONTENDS THAT:

The applicant states that outside the period leading to the 
discharge, he had an outstanding record of service.  He is 
applying for benefits from the Department of Veterans Affairs 
(DVA).  It was recommended he seek an upgrade of his discharge.   

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on       
11 Jul 78.

On 2 Jun 83, the applicant was notified by his commander of his 
intent to recommend his discharge for misconduct under the 
provisions of AFR 39-10, chapter 5, section H, paragraph 5-47a.  
The reasons for this action were as follows:  the applicant 
received an Article 15, dated 22 Mar 83, for being incapacitated 
for the proper performance of duties; a police report, dated 
13 Mar 83, for suicidal gesture; (Air Force Office of Special 
Investigation) report of investigation, dated 31 Jan 83, 
revealed civilian charges of burglary/battery in civilian court, 
which were changed by the sheriff’s department from 
battery/burglary incident to trespassing occupied structure; an 
Article 15, dated 23 Feb 83, for being incapacitated for proper 
performance of duties due to intoxication; an Article 15, dated 
7 Dec 82, for failure to go to prescribed place of duty, a 
Record of Individual Counseling (RIC) for failure to get a 
haircut, and notification of bad checks from the Noncommissioned 
Officer (NCO) Club on 7 Apr 82 and Eglin AFB Exchange dated 
16 Mar 83.

On 3 Jun 83, after consulting with legal counsel the applicant 
waived his right to submit statements or rebuttal.

On 19 Feb 85, the applicant was furnished with a general 
discharge (under honorable conditions), and was credited with 
4 years, 11 months, and 26 days of active service.

On 15 Oct 14, a request for post-service information was 
forwarded to the applicant for review and 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 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.  In the interest of 
justice, we considered upgrading the discharge based on 
clemency; however, due to the applicant’s failure to provide 
information regarding his post-service activities, we cannot 
conclude that such consideration is warranted.  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-2013-05845 in Executive Session on 21 Nov 14, under 
the provisions of AFI 36-2603:

	

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 13 Dec 13.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 15 Oct 14.

						

Similar Decisions

  • AF | BCMR | CY2008 | BC-2008-00785

    Original file (BC-2008-00785.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00785 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions discharge (UOTHC) be upgraded to a general (under honorable conditions) discharge. Exhibit E. Letter, Applicant, not dated. Exhibit F. Letter, Applicant, dated 30 Apr 08.

  • 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-2011-04967

    Original file (BC-2011-04967.txt) Auto-classification: Denied

    Based on the available evidence of record, it appears the applicant’s General (Under Honorable Conditions) discharge for misconduct was consistent with the substantive requirements of the discharge regulation and within the discharge authority’s discretion. ________________________________________________________________ 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...

  • AF | BCMR | CY2005 | BC-2005-00071

    Original file (BC-2005-00071.doc) Auto-classification: Denied

    On 11 Mar 82, the Airman Performance Report (APR) for the period 29 Jan 81 through 28 Jan 82, was referred to the applicant. Time lost for the following periods: 28-31 Oct 81, 15-16 Dec 81, 29 Jan- 1 Feb 82, 16-21 Feb 82, and 20 May 82-23 Sep 82. A complete copy of the evaluation is at Exhibit D. _________________________________________________________________ APPLICANT’S REVIEW OF EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 21 Jan 05 for...

  • AF | BCMR | CY2006 | BC-2005-03875

    Original file (BC-2005-03875.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005- 03875 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 23 JUNE 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable. A complete copy of the Air Force evaluation is at Exhibit...

  • AF | BCMR | CY2006 | BC-2006-00509

    Original file (BC-2006-00509.doc) Auto-classification: Denied

    DPPRS complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 17 Mar 06 for review and comment within 30 days and on 17 Apr 2006, he was forwarded a copy of the FBI report. Novel, Panel Chair Mr. Grover L. Dunn, Member Mr. John E. B. Smith, Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 Feb...

  • AF | BCMR | CY2005 | BC-2005-00632

    Original file (BC-2005-00632.DOC) Auto-classification: Denied

    ___________________________________________________________________ STATEMENT OF FACTS: Applicant enlisted in the Regular Air Force on 24 Jul 81, for a period of six years in the grade of airman basic. Applicant was discharged on 29 Nov 83, in the grade of airman basic, under the provisions of AFR 39-10, Misconduct-Pattern Discreditable Involvement with Military or Civil Authorities, and received an under honorable conditions (general) discharge. We find no evidence of error in this case...

  • AF | BCMR | CY2011 | BC-2011-04691

    Original file (BC-2011-04691.txt) Auto-classification: Denied

    The administrative discharge board met on 5 Nov 82 and recommended the applicant be furnished a UOTHC discharge without probation or rehabilitation. 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. Therefore, in the absence of evidence to the contrary, we conclude that no basis exists to grant the relief sought in...

  • AF | BCMR | CY2009 | BC-2008-04303

    Original file (BC-2008-04303.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-04303 INDEX CODE: 110.02 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. On 21 Mar 85, the squadron commander notified the applicant of administrative discharge board (ADB) action for minor disciplinary infractions,...

  • AF | BCMR | CY2014 | BC 2014 03250

    Original file (BC 2014 03250.txt) Auto-classification: Denied

    On 23 May 83, the discharge authority directed the applicant be discharged with an UOTHC discharge. In the interest of justice, we considered upgrading the discharge based on clemency; however, in the absence of any evidence related to the applicant’s post-service activities, there is no way for us to determine if the applicant’s accomplishments since leaving the service warrant such an action. Available Applicant's Master Personnel Records Exhibit C. Letter, SAF/MRBR, dated 18 Sep 14, w/atch.