RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01620
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general under honorable conditions discharge be upgraded to
honorable.
APPLICANT CONTENDS THAT:
Due to the nature of the discharge it should be upgraded. He was
under the impression that after three to five years it would be
changed to honorable.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 30 Mar 90, the applicant initially entered the Regular Air
Force on 30 Mar 90.
On 6 Feb 92, he received a Letter of Counseling (LOC) for failing
to ensure a safe was locked.
On 5 Mar 92, he received an LOC for being late to work.
On 26 May 92, he received an LOC for failing to pay his rent on
time.
On 5 Nov 92, he received an Article 15 of the Uniform Code of
Military Justice (UCMJ) and a Letter of Reprimand (LOR) for
failing to pay his rent, a direct violation of Article 134 of the
UCMJ. He also received an LOR for disobeying his first sergeants
order to pay the rent on the first day of every month, a direct
violation of Article 91 of the UCMJ. He acknowledged receipt and
on 9 Nov 1992 submitted a statement indicating his intent to have
the rent directly paid via a cashiers check directly sent from
his financial institution.
On 13 Nov 92 he was notified of and acknowledged his commanders
intent to separate him from the Air Force for minor disciplinary
infractions.
On 16 Nov 92 his group commander initiated a discharge action for
minor disciplinary infractions pursuant to AFR 39-10, Airmen
Separation Manual, paragraph 5-46.
On 18 Nov 92, the Deputy Staff Judge Advocate found the case
legally sufficient and recommended that the separation authority
approve the applicants discharge under the authority of AFR 39-
10, paragraph 5-46 without probation or rehabilitation.
On 25 Nov 92, the applicant received a general (under honorable
conditions) discharge, and was credited with 2 years, 7 months,
and 26 days of active service.
On 26 Apr 14, a request for post-service information was forwarded
to the applicant for review and comment within 30 days (Exhibit
C). 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 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.
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-2014-01620 in Executive Session on under the provisions of AFI
36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Apr 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Information Bulletin, not dated.
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
3
AF | BCMR | CY2014 | BC 2014 00457
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00457 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His general under honorable conditions discharge be upgraded to honorable. On 28 Apr 14, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C). THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the...
AF | DRB | CY2003 | FD2003-00213
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2003-00213 GENERAL: The applicant appeals for upgrade of discharge to honorable. The records indicated the applicant received three Letters of Reprimand, a Letter of Counseling, a verbal counseling, two Articles 15 and a vacation of suspended punishment, all but one for failure to go or being late to work. In view of the foregoing findings the board further concludes that there exists no legal or equitable basis...
AF | DRB | CY2002 | FD2002-0198
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0198 GENERAL: The applicant appeals for upgrade of discharge to Honorable. The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge, The records indicated applicant had four Letters of Reprimand for failure to pay a traffic fine, failure to go and failure to pay just debt (twice). Recommend to 8 AF/CC that the respondent be separated with...
AF | DRB | CY2004 | FD2004-00208
Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AMN) (HGH AlC) 1. The authority for this action is AFR 39-10, paragraph 5-46, If my recornendation is approved, your service will be characterized as honorable or general. For this you received a letter of counseling. '
AF | DRB | CY2006 | FD2005-00489
DENY HON ISSUES A94.05 HEARING DATE CASE NUMBER I ORDER APPOIN'I'ING THE BOARD 1 2 1 APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION PERSONAL APPEARANCE I 1 1 1 21 Nov 2006 A P P U C W S ISSUE AND ?HE BOARD'S DECISIONAI. (Change Discharge to Honorable) I S S U E S ATTACHED TO BRIEF. (Atch 5) For this infraction, you received an Article 15 g. O n o r about 7 Oct 93, you signed an official record indjc-atj-~~l-you had conducted an inspection on the life support equipment of...
AF | DRB | CY2002 | FD2002-0250
e% CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2002-0250 GENERAL: The applicant appeals for upgrade of discharge to Honorable, change of reason for discharge, and change of reenlistment eligibility (RE) code. Attachment: Examiner's Brief FD2002-0250 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD ee (Former SRA) (HGH SRA) 1. (Change Discharge to Honorable) ISSUES ATTACHED TO BRIEF.
AF | DRB | CY2003 | FD2002-0538
wi, EXHIBITS SUBMITTED TO.THE BOARD ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE EEE TAPE RECORDING OF PERSONAL APPERANCE HEARING SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3°° FLOOR ANDREWS AFB, MD 20762-7002 Previous edition will be used. CASE NUMBER AIR FORCE DISCHARGE...
AF | DRB | CY2005 | FD2005-00210
The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366) that he understood he must receive an Honorable discharge to receive future educational entitlements. upgrade of discharge, thus the applicant's discharge should not be changed. You must report to the USAF Hospital, Mt Home AFB, Examination Section, immediately for blood tests and at flw0 , on 10 IIJHP.
AF | DRB | CY2001 | FD01-00036
The characterization of the discharge received by the applicant was found to be appropriate. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD FD-01-00036 (Former A1C) 1. My reasons for this action is your Record of Misconduct: DATE 24 AUG 93 2 SEP 93 3 AUG 93 31 AUG 93 26 JUN 93 24 APR 93, 9 NOV 92 ' OFFENSE DWI FAILURE TO GO FAILURE TO GO SLEEPING ON DUTY FAILURE TO GO SLEEPING ON DUTY FAILURE TO GO ACTION ARTICLE 15 LOR LOR LETTER...
AF | DRB | CY2005 | FD2005-00044
CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and that the applicant was provided full administrative due process. In view of the foregoing findings the Board further concludes that there exists no legal or equitable basis for upgrade of discharge, thus the applicant's discharge should not be changed. g. Record of SV: 03...