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.
APPLICANT CONTENDS THAT:
He was discharged for failing to report for work and giving
change to a staff monitor while in correctional custody.
In support of his request for clemency, he has spent the last 15
years as a certified registered nurse. He provided two nursing
certificates as proof of earning both a Bachelor and Masters of
Nursing degrees.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 9 Sep
83.
On 26 Mar 84, the applicant received an Article 15, Nonjudicial
Punishment, for violating articles 86 and 92; failure to go to
appointed place of duty on two separate occasions. He received
a reduction in grade to airman basic and 15 days of correctional
custody. The reduction in graded was suspended.
On 3 Apr 84, the applicant received a two letters of counseling
from the correctional custody staff for breach of restraint and
failure to go.
On 4 Apr 84, the applicant received letter of reprimand from the
correctional custody staff for violated the rules of conduct by
giving a staff monitor change for a dollar.
On 24 Apr 84, the applicants commander vacated the suspended
reduction in grade and the applicant was demoted to airman
basic.
On 26 Apr 84, the applicants commander notified him of his
intent to recommend administrative discharge pursuant of AFR 39-
10, Separation Upon Expiration of Term of Service, for
Convenience of Government, Minority, Dependency and Hardship,
Chapter 5, Section H, paragraph 5-46 for general misconduct.
The commander recommended a general discharge, without probation
and rehabilitation.
On 14 May 84, the applicant acknowledged legal consultation and
waived his right to submit any statements on his behalf.
On 17 May 84, the staff judge advocate found no administrative
or procedural errors and concluded the application legally
sufficient.
On 24 May 84, the applicant was furnished a General (Under
Honorable Conditions) discharge, and was credited with 8 months,
and 16 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, 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 for us to
conclude that the applicants post-service activities 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 RECOMMENDS 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-2014-01065 in Executive Session on 21 Nov 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Information Bulletin - Clemency
AF | BCMR | CY2014 | BC 2014 02102
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02102 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His general under honorable conditions discharge be upgraded to Honorable. On 13 Mar 85, the applicant acknowledged receipt of the notification his driving privileges were suspended and receiving the Article 15. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not...
AF | BCMR | CY2014 | BC 2014 01996
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01996 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to Honorable. 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...
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...
On 5 Jul 84, he was found guilty by his commander who imposed the following punishment: Reduction from the grade of sergeant to the grade of airman first class, forfeiture of $50 a month for two months, and 30 days correctional custody but the execution of the portion of the punishment which provided for reduction to the grade of airman first class was suspended until 5 Jan 85. The reasons for the commander’s action were the incidents of misconduct for which he received the Article 15...
AF | BCMR | CY2014 | BC 2014 03683
For this misconduct, he received Non-Judicial Punishment (NJP) under Article 15, UCMJ, reduction to the grade of airman, forfeiture of $167.00 pay and seven days correctional custody. Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge authority. Exhibit C. Letter, SAF/MRBR, dated 2 Oct 14, w/atch.
AF | BCMR | CY2014 | BC 2014 02051
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02051 COUNSEL: JOHN E. FITZGIBBONS HEARING DESIRED: YES APPLICANT REQUESTS THAT: His court-martial conviction be set aside and his bad conduct discharge be upgraded to honorable. APPLICANT CONTENDS THAT: The only reason he testified at his court-martial, was to show the members that the Air Force entrapped him. The complete JAJM evaluation is at Exhibit C. APPLICANT'S REVIEW OF...
AF | BCMR | CY2011 | BC-2011-00716
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00716 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ STATEMENT OF FACTS: On 18 Apr 89, the applicant enlisted in the Regular Air Force and was progressively...
AF | BCMR | CY2014 | BC 2014 00573
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 applicants...
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 | CY2013 | BC-2013-01764
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01764 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her general (under honorable conditions) discharge be upgraded to honorable. Therefore, in the absence of evidence to the contrary, we conclude that no basis exists to upgrade the applicants general discharge. Applicant's Master Personnel...