Search Decisions

Decision Text

AF | BCMR | CY2014 | BC 2014 00765
Original file (BC 2014 00765.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00765

			COUNSEL:  NONE

			HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His General (Under Honorable Conditions) discharge be upgraded 
to Honorable.


APPLICANT CONTENDS THAT:

He is long overdue for this action.  At the time of discharge, 
he was going through some difficult family issues that resulted 
in a divorce.  Since his discharge he has moved on with his life 
in a positive way and continues to be an upstanding citizen.  He 
has held employment for six years with the Internal Revenue 
Service (IRS) as a federal employee.  He has felt a great amount 
of discontent and shame for his behaviors which led to his 
General discharge.  He would like to bring this issue to resolve 
and clear both his record and conscious.  

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 11 Apr 
79.

On 14 Sep 81, the applicant’s duty status was changed from 
“Present for Duty” to “Absent Without Leave (AWOL)”.

On 21 Sep 81, the applicant’s duty status was changed from 
“AWOL” to “Present for Duty”. It should be noted that he 
voluntarily returned to duty.

On 30 Sep 81, the applicant received an Article 15, Nonjudicial 
Punishment, for violating article 86, without authority; go from 
your appointed place of duty. He was reduced in grade of Airman. 


On 13 Oct 81, the applicant was notified by his commander of his 
intent to initiate discharge based on a severe downward 
progression in duty performance under the provisions of AFM 39-
12, Separation for Unsuitability, Misconduct, Resignation, or 
Request for Discharge for the Good of the Service and Procedures 
for the Rehabilitation Program, Chapter 2, Section A, paragraph 
2-4c.  

On 16 Oct 81, the applicant provided an expanded statement to 
the discharge authority for consideration.  He contended that he 
fulfilled his military duties to the best of his abilities.  He 
also accepted responsibility for the mistakes made over the past 
31 months and should be considered for an Honorable discharge.

On 12 Nov 81, the case was found to be legally sufficient and 
the discharge authority approved the commander’s recommendation 
the same day, directing the applicant’s administrative discharge 
without probation and rehabilitation.

On 13 Nov 81, the applicant was furnished a General (Under 
Honorable Conditions) discharge, and was credited with 2 years, 
7 months, and 3 days of active service.   

A request for post-service information was forwarded to the 
applicant on 28 Apr 14 for review and comment within 30 days.  
As of this date, no response has been received by this office.


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 
applicant’s post-service activities, there is no way for us to 
determine if the applicant’s 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-2014-00765 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 14 Feb 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Information Bulletin – Clemency.

						



Similar Decisions

  • AF | BCMR | CY2014 | BC 2014 01451

    Original file (BC 2014 01451.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01451 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His general under honorable conditions discharge be upgraded to honorable. He has spent many years reflecting upon this. 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.

  • AF | BCMR | CY2013 | BC 2013 05575

    Original file (BC 2013 05575.txt) Auto-classification: Denied

    Her husband’s records be corrected to show that he was on active duty in the Army from 21 Apr 52 to 29 Jan 55. AIR FORCE EVALUATION: AFPC/DPSIPV recommends denial of the applicant’s request to correct the decedent’s service dates. 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...

  • AF | BCMR | CY2014 | BC 2014 02118

    Original file (BC 2014 02118.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02118 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her 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 | CY2008 | BC-2008-00492

    Original file (BC-2008-00492.doc) Auto-classification: Denied

    Capt M started court-martial proceedings against him. Although he has no proof, he feels his discharge was based on the ill-feelings Capt M had towards him. The applicant submitted a similar application to the Air Force Discharge Review Board (AFDRB) requesting his discharge be upgraded to honorable.

  • AF | BCMR | CY2014 | BC 2014 00573

    Original file (BC 2014 00573.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00573 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to General. 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. While we note the applicant’s...

  • AF | BCMR | CY2009 | BC-2009-01628

    Original file (BC-2009-01628.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-01628 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected as follows: 1. In response to the Board’s request, the FBI indicated that on the basis of the data furnished they were unable to identify with an...

  • AF | BCMR | CY2013 | BC 2013 03156

    Original file (BC 2013 03156.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03156 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: 1. The applicant submitted a DD Form 214 and while her entire ANG time is supported by her enlistment document, and Discharge Certificate, only certain periods of active duty are authorized to be entered on the DD Form 214. We took...

  • AF | BCMR | CY2014 | BC 2014 02106

    Original file (BC 2014 02106.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02106 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to Honorable. 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. In the interest of justice, we considered...

  • AF | BCMR | CY2014 | BC 2014 00892

    Original file (BC 2014 00892.txt) Auto-classification: Approved

    The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPAPP recommends denial indicating there is no evidence of an error or an injustice. A review of the applicant’s Master Personnel Records and documentation submitted failed to provide any documentation that substantiates Foreign Service time in Vietnam. Exhibit D. Letter,...

  • AF | BCMR | CY2007 | BC-2005-03220A

    Original file (BC-2005-03220A.doc) Auto-classification: Denied

    Additional AFBCMR applications resulted in the applicant’s record being corrected, on 25 Feb 04, to show he was tendered a Regular appointment effective 8 Feb 81, and that he served in the grade of major until his retirement in that grade on 1 Jul 93. The ROP contained factual errors and did not even come close to summarizing his remarks and the new evidence he provided. The record contains a letter dated January 15, 2003, to applicant from AFPC/DPOC informing him that as a result of his...