Search Decisions

Decision Text

AF | BCMR | CY2014 | BC 2014 00135
Original file (BC 2014 00135.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00135

		COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be 
upgraded.


APPLICANT CONTENDS THAT:

He was not allowed due process by Air Force officials that 
charged him with payroll fraud.  He was misinformed and 
pressured to accept an immediate discharge, fully believing the 
discharge would be automatically upgraded after a probationary 
period.  He further contends extenuating circumstances in his 
personal life should have been considered in the 
characterization of his discharge.

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


STATEMENT OF FACTS:

On 6 Jun 72, the applicant initially entered the Regular Air 
Force.

On 5 Aug 83, the applicant was furnished a UOTHC discharge for 
misconduct-pattern conduct prejudicial to good order and 
discipline.  He was credited with 11 years and 2 months of 
active service.  The applicant’s discharge package is not 
available for review; therefore, the circumstances precipitating 
the applicant’s discharge could not be verified.  

On 28 Jul 14, a request for post-service information was 
forwarded to the applicant for review and response 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.  We note 
the applicant’s military personnel records do not contain a copy 
of the discharge package.  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 the applicant’s discharge, to include his service 
characterization and narrative reason for separation, was proper 
and in compliance with the directive under which it was 
effected.  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, 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.  Therefore, in the absence 
of evidence to the contrary, we find no basis to recommend 
granting the relief sought.

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.


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-2014-00135 in Executive Session on 21 Nov 14 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 8 Jan 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit D.  Letter, SAF/MRBR, dated 28 Jul 14.

Similar Decisions

  • AF | BCMR | CY2014 | BC 2014 00888

    Original file (BC 2014 00888.txt) Auto-classification: Denied

    The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 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. Exhibit C. Letter, AFBCMR, dated 25 Jul 14.

  • AF | BCMR | CY2014 | BC 2014 01023

    Original file (BC 2014 01023.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01023 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to under honorable conditions (general), to allow him to receive medical care from the Department of Veterans Affairs (DVA). In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the...

  • AF | BCMR | CY2014 | BC 2014 03616

    Original file (BC 2014 03616.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03616 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His general 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 processing. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did...

  • AF | BCMR | CY2014 | BC 2014 01109

    Original file (BC 2014 01109.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01109 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded. 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. In the interest of justice, we considered upgrading the...

  • AF | BCMR | CY2014 | BC 2014 00057

    Original file (BC 2014 00057.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00057 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. 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, we could not determine if such consideration is warranted. Exhibit B.

  • AF | BCMR | CY2014 | BC 2014 03316

    Original file (BC 2014 03316.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03316 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgrade to a General discharge. The applicant waived any right to a hearing before an administrative discharge board, and was notified of his right to legal counsel and to submit statements on his own behalf. Based on the available evidence of record,...

  • AF | BCMR | CY2014 | BC 2014 01012

    Original file (BC 2014 01012.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01012 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded. 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...

  • AF | BCMR | CY2014 | BC 2014 00855

    Original file (BC 2014 00855.txt) Auto-classification: Denied

    On 14 Dec 83, the applicant received an UOHTC discharge, and was credited with 9 years, 8 months and 17 days of active service. In the interest of justice, we considered upgrading the characterization of the applicant’s discharge based on 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. Exhibit C. Clemency Information...

  • AF | BCMR | CY2014 | BC 2014 02748

    Original file (BC 2014 02748.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02748 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to Honorable. 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...

  • AF | BCMR | CY2014 | BC 2014 00937

    Original file (BC 2014 00937.txt) Auto-classification: Denied

    On 23 Dec 83, the applicant’s commander recommended that her request be approved. 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 consideration. Exhibit C. Letter, AFBCMR, dated 25 Jul 14.