Search Decisions

Decision Text

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.


APPLICANT CONTENDS THAT:

He is a homeless veteran seeking health care coverage for 
himself and his son through the Department of Veterans Affairs 
(DVA).  

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 7 Feb 
86.

On 1 Oct 86, the applicant received an Article 15, Nonjudicial 
Punishment, for driving while intoxicated.  He was reduced in 
grade to airman basic (suspended) and ordered to forfeit $150.00 
per month for two months.

On 11 May 87, the applicant received an Article 15, Nonjudicial 
Punishment, for disobeying a lawful order.  He was reduced in 
grade to airman basic (suspended) and ordered to serve 30 days 
in correctional custody.

On 27 Aug 87, the applicant was notified by Social Actions he 
failed to complete the Alcohol Rehabilitation Program. 

On 2 Sep 87, the applicant was notified by his commander he was 
being recommended for discharge for Failure in Alcohol Abuse 
Rehabilitation and a Pattern of Misconduct under AFR 39-10, 
Separation Upon Expiration of Term of Service, for Convenience 
of Government, Minority, Dependency and Hardship, Chapter 5, 
paragraphs 5-32 and 5-47a.  The commander recommended his 
service be characterized as General (Under Honorable 
Conditions).  The applicant consulted counsel and waived his 
right to submit statements on his behalf.

On 10 Sep 87, the Base Staff Judge Advocate reviewed the 
discharge action and found it legally sufficient.  They did not 
recommend the applicant for probation and rehabilitation.

On 15 Sep 87, the discharge authority approved a General (Under 
Honorable Conditions) discharge without probation and 
rehabilitation. 

On 17 Sep 87, the applicant was furnished a General (Under 
Honorable Conditions) discharge, and was credited with 1 year, 7 
months, and 11 days of active service.   

A request for post-service information was forwarded to the 
applicant on 21 Nov 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-2014-02106 in Executive Session on 7 Apr 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-02106 was considered:

	Exhibit A.  DD Form 149, dated 14 May 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Clemency Information Bulletin.

						





Similar Decisions

  • AF | BCMR | CY2014 | BC 2014 02061

    Original file (BC 2014 02061.txt) Auto-classification: Denied

    On 27 Oct 87, the case was found legally sufficient and, on 4 Nov 87, the discharge authority directed the applicant be discharged. 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. Exhibit C. Letter, AFBCMR, dated 4 Aug 14, w/atchs.

  • AF | BCMR | CY2005 | BC-2005-00105

    Original file (BC-2005-00105.doc) Auto-classification: Denied

    Additionally, while the applicant did experience medical problems while on active duty, we found no evidence that his medical conditions at the time of his discharge rendered him unfit for continued military service. ___________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2005-00105 in Executive Session on 29 November 2005, under the provisions of AFI 36-2603: Mr. Michael J. Exhibit C. Letter, AFBCMR Medical...

  • AF | BCMR | CY2008 | BC-2007-02926

    Original file (BC-2007-02926.doc) Auto-classification: Denied

    On 20 Jan 88, the discharge authority approved the separation and directed a general discharge without probation and rehabilitation. 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. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend the relief sought on...

  • AF | BCMR | CY2014 | BC 2014 03683

    Original file (BC 2014 03683.txt) Auto-classification: Denied

    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 02102

    Original file (BC 2014 02102.txt) Auto-classification: Denied

    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 03563

    Original file (BC 2014 03563.txt) Auto-classification: Denied

    He requested an administrative discharge board and representation by military counsel. On 23 Sep 87, the discharge authority accepted the applicant’s conditional waiver and ordered the applicant be discharged with a general discharge without probation and rehabilitation. Exhibit C. Letter, SAF/MRBR, dated 2 Oct 14, w/atch.

  • AF | BCMR | CY2003 | BC-2002-03786

    Original file (BC-2002-03786.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-03667 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her general (under honorable conditions) discharge be upgraded to honorable. During her time in the Air Force, she took her duties seriously and endeavored to excel. AFPC/DPPRS complete evaluation is at Exhibit...

  • AF | BCMR | CY2009 | BC 2009 01168

    Original file (BC 2009 01168.txt) Auto-classification: Denied

    In support of his request, applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. On 10 Sep 90, the applicant appeared before the Air Force Discharge Review Board (AFDRB) requesting his general discharge be upgraded to honorable. Exhibit D. Letter, AFBCMR, dated 8 May 09.

  • AF | BCMR | CY2009 | BC-2009-01168

    Original file (BC-2009-01168.txt) Auto-classification: Denied

    In support of his request, applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. On 10 Sep 90, the applicant appeared before the Air Force Discharge Review Board (AFDRB) requesting his general discharge be upgraded to honorable. Exhibit D. Letter, AFBCMR, dated 8 May 09.

  • AF | BCMR | CY2008 | BC-2007-03866

    Original file (BC-2007-03866.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03866 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to an honorable discharge. On 22 Sep 86, the applicant received a Letter of Counseling (LOC) for failing to report at the prescribed time to a military doctor and his...