RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00240
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded
to Honorable.
APPLICANT CONTENDS THAT:
His discharge was not unsatisfactory and he is unsure why his
discharge is classified as under honorable conditions (general).
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
On 12 Nov 81, the applicant initially entered the Regular Air
Force.
On 11 Apr 84, the applicants commander notified him that he was
recommending his discharge under the provisions of AFR 39-10,
Administrative Separation of Airmen. The reasons for the action
were: hosting a "pot party," subsequently testing positive for
THC (marijuana) and being placed in the Drug Abuse Program;
being placed on the weight management program, for which he
received a letter of counseling; and two instances of negative
attitude towards his duties and shirking his duties, for which
he was placed on a control roster.
On 12 Apr 84, the applicant acknowledged receipt of the
discharge notification and waived his right to submit statements
on his behalf.
On 13 Apr 84, the Staff Judge Advocate (SJA) found the discharge
legally sufficient.
On 23 Apr 84, the applicant was furnished a general (under
honorable conditions) discharge for Misconduct - pattern conduct
pursuant to good order and discipline, and was credited with
2 years, 5 months, and 12 days of active service.
On 10 Jun 14, in response to a request for post-service
information, the applicant provided copies of two character-
reference letters and an FBI criminal record check (no records
exist). The applicants complete response, with attachments, is
at Exhibit D.
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, to include his
rebuttal response, 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,
we do not find the evidence presented is sufficient to recommend
granting relief on that basis. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend granting
the relief sought.
4. The applicants 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-2014-00240 in Executive Session on 14 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 14 Jan 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, SAF/MRBR, undated.
Exhibit D. Letter, Applicant, dated 10 Jun 14, w/atchs.
AF | BCMR | CY2014 | BC 2014 01065
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01065 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to Honorable. He received a reduction in grade to airman basic and 15 days of correctional custody. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient for us...
AF | BCMR | CY2014 | BC 2014 02349
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02349 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to Honorable. On 27 Mar 84, the discharge authority approved the Conditional Waiver and ordered a General (Under Honorable Conditions) discharge without probation and rehabilitation. In the interest of justice, we considered upgrading the discharge...
AF | BCMR | CY2014 | BC 2014 02897
For this offense she was reduced to the grade of airman (E-2) (suspended until 1 Aug 82), forfeiture of $50 per month for two months, and 30 days extra duty. On 10 Apr 86, the applicant appeared before the Discharge Review Board (DRB) with counsel. The Board denied the applicants request to upgrade her discharge and concluded that the discharge was consistent with the procedural and substantive requirements of the discharge regulation, was within the discretion of the discharge authority...
AF | BCMR | CY2014 | BC 2014 03090
On 16 Apr 85, he received NJP for writing a dishonorable check. On 21 May 85, the discharge authority directed the applicant be discharged with a general discharge. 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.
AF | BCMR | CY2014 | BC 2014 00394
APPLICANT CONTENDS THAT: He would very much like the Board to review his file and upgrade his discharge. 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. 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;...
AF | BCMR | CY2012 | BC-2012-05056
On 14 Jun 85, the applicant was discharged from active duty with a General (Under Honorable Conditions) discharge, with a Narrative Reason for Separation of MisconductPattern Conduct Prejudicial to Good Order and Discipline, an RE code of 2B, and was credited with 1 year, 2 months, and 11 days of active service. 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 | CY2014 | BC 2014 00822
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00822 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be updated to Honorable. On 1 May 84, the applicant received a Letter of Reprimand (LOR) and establishment of an Unfavorable Information File (UIF) for admitting to smoking marijuana. We took notice of the applicant's complete submission in judging the merits of...
AF | BCMR | CY2009 | BC-2008-04303
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 02864
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02864 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to Honorable. On 30 Mar 84, the applicant was furnished a General (Under Honorable Conditions) discharge, and was credited with 2 years, 9 months, and 9 days of active service. In the interest of justice, we considered upgrading the discharge based...
AF | BCMR | CY2014 | BC 2014 02196
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02196 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to Honorable. The applicants complete submission is at Exhibit A. Exhibit C. Letter, SAF/MRBR, dated 22 Jan 15.