RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00266
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded
to an Honorable Discharge.
APPLICANT CONTENDS THAT:
He was told his discharge would be corrected to an Honorable.
He would like to go to school and have the career that he wanted
too. He states that he wasnt liked because he was different
and that messed up his career. Soldiers were crooked and lied
about him.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 2 June
1981.
On 13 September 1982, the applicant was notified by his
commander of his intent to recommend his discharge for
Unsuitability, under the provisions of AFM 39-12, Chapter 2,
section A, Paragraph 2-4c. The reasons for the action were as
follows: On 19 April 1982, the applicant received a Letter of
Reprimand for absenting himself without authority from his
appointed place of duty. On 2 June 1982 he received an Article
15, for failure to go at the time prescribed to his appointed
place of duty without authority. On 30 June 1982, he received
an Article 15 for willfully disobeyed a lawful command from his
superior commissioned officer and he failed to go at the time
prescribed to his appointed place of duty on 17 and 18 June
1992. On 3 August 1982, he received an Article 15 for disobeyed
a lawful order from his superior noncommissioned officer and
failure to go to his appointed place of duty without authority.
On 3 September 1982, his Article 15 action was vacated for
making a false official statement with intent to deceive.
On 20 September 1982, after consulting with legal counsel, the
applicant submitted a rebuttal letter.
On 27 September 1982, the discharge authority concurred with the
commanders recommendation and directed the applicant be
furnished a general (under honorable conditions) discharge.
On 28 September 1982, the applicant was furnished a general
discharge, and was credited with 1 year, 3 months, and 23 days
of active service, but charged with lost time during the period
2 April 1982 through 6 April 1982.
On 28 April 2014, 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, 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 are sufficiently meritorious to overcome the misconduct
for which he was discharged. 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-2014-00266 in Executive Session on 2 December 2014,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Jan 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 28 Apr 14.
AF | BCMR | CY2007 | BC-1987-03586
On 24 August 1984, applicant was discharged. In June 1987, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request to upgrade his bad conduct discharge (Exhibit B). According to the record, the discharge board’s recommendation for discharge was made following a proceeding during which applicant was represented by counsel and his substantive and procedural rights were satisfied.
AF | BCMR | CY2004 | BC-2003-04072
_________________________________________________________________ STATEMENT OF FACTS: On 5 August 1971, the applicant enlisted in the Regular Air Force at the age of 18 in the grade of airman basic (E-1) for a period of four years. On 22 August 1972, the applicant received Article 15 punishment for disobeying a lawful order on or about 9 August 1972. He had served 15 years, 10 months, and 18 days on active duty.
AF | BCMR | CY2012 | BC-2012-04304
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04304 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to an honorable or medical discharge. The discharge authority concurred with the recommendation and directed an UOTHC discharge. Exhibit C. Letter, AFBCMR, dated 2 April 2013.
AF | BCMR | CY2013 | BC 2013 03251
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03251 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: Her Article 15, Uniform Code of Military Justice (UCMJ) punishments, dated 10 September 2009 and 3 November 2009, be set-aside. She received two Article 15s and two Letters of Counseling (LOC) between 13 August 2009 and 12 November 2009. We...
AF | BCMR | CY2010 | BC-2010-01834
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01834 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable discharge. 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...
AF | BCMR | CY2004 | BC-2004-00266
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPAE recommended denial and states after a thorough review of the applicant’s military records, they found no documentation to substantiate changing the applicant’s HOR. Applicant’s contentions are duly noted; however, he has provided no evidence, which would lead us to believe the HOR currently reflected in his records was incorrectly recorded at the time he was initially ordered to active duty. ...
AF | BCMR | CY2012 | BC-2012-03587
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03587 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation of Misconduct be changed. The applicant was notified by his commander of his intent to recommend his discharge from the Air Force under the provisions of AFR 39-10 Misconduct. Based on the documentation on...
AF | BCMR | CY2003 | BC-2003-01762
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01762 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge be upgraded to an honorable discharge. _________________________________________________________________ STATEMENT OF FACTS: Applicant enlisted in the Regular Air Force on 12 May 1986 in the grade...
AF | BCMR | CY2014 | BC 2014 02101
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02101 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His general discharge be upgraded to honorable. On 10 March 1986, the applicant was furnished a general discharge for Misconduct (Drug Abuse) and was credited with 4 years, 10 months, and 6 days of total active service. As of this date, no response has been received by this office (Exhibit C).
AF | BCMR | CY2014 | BC 2014 00674
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00674 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded. On 20 September 1973, the applicant received a Letter of Reprimand for failure to go to the firing range for a scheduled firing on or about 17 September 1973 without authority and failed to attend the Standard Traffic Safety course at the appointed...