Search Decisions

Decision Text

AF | BCMR | CY2014 | BC 2014 00190
Original file (BC 2014 00190.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00190
			COUNSEL:  NONE
			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be 
upgraded to a general (under honorable conditions) discharge.


APPLICANT CONTENDS THAT:

He was an active addict during his service time and did not know 
about this addiction to drugs and alcohol until he was over 40.  
He has since been through several Substance Abuse Programs 
(SAPs) and Rehabilitation Centers in order to understand these 
addictions and change his life.

The applicant believes that the Board should find it in the 
interest of justice to consider his untimely application because 
he has attended the various rehabs, schools and work.
  
The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

On 8 Nov 73, the applicant enlisted in the Regular Air Force.

On 5 Feb 74 he was tried and convicted by a Special Courts-
Martial for being absent, without authority from his 
organization from 2 Dec 73 to 8 Jan 74.  The applicant received 
three Articles 15, Uniform Code of Military Justice (UCMJ), 
punishment for failure to repair on 26 Jul 74, 31 Jul 74 and 9 Aug 74.  
Additionally, he was arrested on 15 Aug 74 by civil authorities for 
disorderly conduct.  
On 27 Aug 74, his commander notified him that he was 
recommending he be discharged under the provisions of AFM 39-12, 
Separation for Unsuitability, Misconduct, Personal Abuse of 
Drugs; Resignation or Request for Discharge for the Good of the 
Service; and Procedures for the Rehabilitation Program, chapter 
2, section B, paragraph 2-15a, dated 21 Oct 1970 for his 
frequent discreditable involvement with military and civil 
authorities.  
He waived his right to a hearing before an administrative 
discharge board and did not submit statements in his own behalf.

On 13 Sep 74, the applicant was discharged under other than 
honorable conditions and issued an undesirable discharge 
certificate for unfitness.  He was credited with 5 months and 
12 days of active service. 

On 28 Apr 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 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 during the discharge process.  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 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 documentation, we are not persuaded that an upgrade on 
this basis is warranted.  Therefore, in view of the above and 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 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 documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-00190 was considered:

	Exhibit A.  DD Form 149, dated 10 Jan 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Information Bulletin

Similar Decisions

  • AF | BCMR | CY2011 | BC-2011-02267

    Original file (BC-2011-02267.txt) Auto-classification: Denied

    On 22 Aug 73, the discharge authority concurred with the recommendation for an undesirable discharge without probation and rehabilitation. He accumulated 398 days of lost time, which includes 4 days absent without leave from 9 Aug 73 to 12 Aug 73, and 389 days of confinement from 31 Aug 73 to 23 Sep 74. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of...

  • AF | BCMR | CY2009 | BC 2009 01028

    Original file (BC 2009 01028.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-01028 COUNSEL: NONE HEARING DESIRED: NO ______________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to an honorable discharge. Applicant appealed to the Air Force Discharge Review Board (AFDRB) to have his general discharge upgraded to honorable. Based on the available evidence of record,...

  • AF | BCMR | CY2013 | BC-2013-01546

    Original file (BC-2013-01546.txt) Auto-classification: Denied

    On 29 May 86, 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. As of this date, no response has been received by this office (Exhibit F). The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit...

  • AF | BCMR | CY2007 | BC-2007-00767

    Original file (BC-2007-00767.doc) Auto-classification: Denied

    At the time of the applicant’s discharge, AFM 39-12, Chap 2, paragraph 2-25, stated an airman discharged under this section should be furnished an Undesirable Discharge, unless the particular circumstances in a given case warrant a general or honorable discharge (Exhibit C). The discharge appears to be in compliance with the governing regulations and we find no evidence to indicate that his separation from the Air Force was inappropriate. Although the applicant did not specifically...

  • AF | BCMR | CY2008 | BC-2008-00190

    Original file (BC-2008-00190.doc) Auto-classification: Denied

    The applicant was court-martialed for drug use and did not complete his full military service; therefore, he is not entitled to this award. The complete DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In his response dated 21 Mar 08, the applicant states he requested the SAEMR based on his qualifications in firing expert on the M-16 rifle during technical school. Novel, Member The following...

  • AF | BCMR | CY2014 | BC 2014 02752

    Original file (BC 2014 02752.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02752 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The following medals be listed on his DD Form 214, Certificate of Release or Discharge from Active Duty: Vietnam Service Medal (VSM) with One Bronze Service Star (Administratively Corrected); Vietnam Campaign Medal (VCM). The Board should find it in the interest of justice to consider his untimely application...

  • AF | BCMR | CY2005 | BC-2004-00669-2

    Original file (BC-2004-00669-2.DOC) Auto-classification: Denied

    On 2 May 79, applicant submitted an application to the AFBCMR requesting medical discharge with 100% disability. The Medical Consultant states the fact that she has been granted service connection for her disability by the DVA does not entitle her to Air Force disability compensation. The Medical Consultant's evaluation, is at Exhibit H. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant responded that she was not fit for...

  • AF | BCMR | CY2003 | BC-2002-02904

    Original file (BC-2002-02904.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-02904 INDEX CODE: 110.10 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be changed to reflect that he was honorably discharged for medical reasons in the grade of sergeant. There is no legal basis for upgrading his discharge. ...

  • AF | BCMR | CY2012 | BC-2012-01159

    Original file (BC-2012-01159.pdf) Auto-classification: Denied

    On 20 Sep 74, the applicant was furnished a UOTCH discharge and credited with 2 years, 7 months, and 14 days of total active service, which included 79 days of lost time for the period 1 Jul 74 through 20 Sep 74. The applicant’s complete response, with attachment, is at Exhibit E. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. Based on the available evidence of record, it appears the applicant’s Under Other Than Honorable Conditions (UOTHC)...

  • AF | BCMR | CY2014 | BC 2014 00666

    Original file (BC 2014 00666.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00666 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect that he is a Vietnam Era Veteran and that he receive a Vietnam Campaign Ribbon or Medal. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office...