Search Decisions

Decision Text

AF | BCMR | CY2014 | BC 2014 02112
Original file (BC 2014 02112.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-02112

					COUNSEL:  NONE

		HEARING DESIRED:  YES 



APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be 
upgraded to honorable.


APPLICANT CONTENDS THAT:

He and another airman held-up a couple one weekend and were 
subsequently arrested and jailed.  He did not have his rights 
explained and did not understand the consequences of accepting 
an undesirable discharge in lieu of a court-martial.

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


STATEMENT OF FACTS:

The applicant commenced his service with the Regular Air Force 
on 11 Apr 56.

On 24 Dec 59, the applicant was furnished an UOTHC discharge, 
and was credited with three years, six months, and six days of 
active service.  A copy of the applicant’s discharge package is 
not available; therefore, the circumstances surrounding his 
discharge could not be verified.

On 4 Aug 14, a request for post-service information was 
forwarded to the applicant for review and comment within 30 days 
In response, the applicant provides a copy of a Federal Bureau 
of Investigation search of fingerprints and employment 
information describing his activities since leaving the service 
(Exhibit D).


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.  Due to the 
limited records available and based upon the presumption of 
regularity in the conduct of governmental affairs, we must 
assume that the applicant’s discharge was proper and in 
compliance with appropriate directives.  We find no evidence of 
error or injustice in the available records and without evidence 
to support the applicant’s appeal we find no basis upon which to 
favorably consider this application.  Therefore, in view of the 
foregoing, we conclude that no basis exists upon which to 
recommend favorable action on his request.  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 applicant’s 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. 

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.


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-2014-02112 in Executive Session on 25 Feb 15, under 
the provisions of AFI 36-2603:
	
The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-02112 was considered:

	Exhibit A.  DD Form 149, dated 16 May 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 27 May 14, w/atch.
Exhibit D.  Letter, Applicant, dated 4 Aug 14.
						

Similar Decisions

  • AF | BCMR | CY2014 | BC 2014 01023

    Original file (BC 2014 01023.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01023 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to under honorable conditions (general), to allow him to receive medical care from the Department of Veterans Affairs (DVA). In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the...

  • AF | BCMR | CY2014 | BC 2014 03299

    Original file (BC 2014 03299.txt) Auto-classification: Denied

    On 17 Jun 88, the separation authority approved the applicant’s unconditional waiver indicating he would be discharged in absentia at the earliest possible date. 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. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the...

  • AF | BCMR | CY2014 | BC 2014 01778

    Original file (BC 2014 01778.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01778 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded to General (under honorable conditions). On 16 Sep 74, the Board of Review approved the findings and the sentence was executed. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary...

  • AF | BCMR | CY2014 | BC 2014 00135

    Original file (BC 2014 00135.txt) Auto-classification: Denied

    The applicant’s discharge package is not available for review; therefore, the circumstances precipitating the applicant’s discharge could not be verified. 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 warrant such an action. THE BOARD DETERMINES THAT: The applicant...

  • AF | BCMR | CY2014 | BC 2014 03466

    Original file (BC 2014 03466.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03466 COUNSEL: NONE HEARING DESIRED: NOT INDICATED APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to at least general under honorable conditions. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary...

  • AF | BCMR | CY1991 | BC 1991 01020 5

    Original file (BC 1991 01020 5.txt) Auto-classification: Denied

    SECOND ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: BC-1991-01020 COUNSEL: None HEARING DESIRED: NOT INDICATED ________________________________________________________________ _ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to honorable. On 14 February 1953, the applicant was discharged under the provisions of Air Force Regulation (AFR) 39-18, Special Court-Martial Order 91, with a BCD. ...

  • AF | BCMR | CY2012 | BC-2012-04270

    Original file (BC-2012-04270.txt) Auto-classification: Denied

    The remaining relevant facts, extracted from the applicant’s military service record, are contained in the evaluation by the Air Force office of primary responsibility at Exhibit C. On 26 March 2013, the applicant was given an opportunity to submit comments about his post-service activities (Exhibit E). In the interest of justice, we considered upgrading the discharge based on clemency and considered the applicant's overall post-service activities and accomplishments; however, the evidence...

  • AF | BCMR | CY2014 | BC 2014 01326

    Original file (BC 2014 01326.txt) Auto-classification: Denied

    As of this date, no response has been received by this office. The complete JAJM evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: There has been a cover-up regarding his reporting of death threats. The applicant’s complete review is at Exhibit D. THE BOARD CONCLUDES THAT: 1.

  • AF | BCMR | CY2014 | BC 2014 03998

    Original file (BC 2014 03998.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03998 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His Reentry (RE) Code “2B” which denotes “Separated with a General or Under Other than Honorable Conditions [UOTHC] Discharge” be changed to RE code “3A” which denotes “1st term airman separating before 36 months” to allow reenlistment in the Armed Forces. On 15 Aug 14, the applicant was discharged with...

  • AF | BCMR | CY2014 | BC 2014 02228

    Original file (BC 2014 02228.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02228 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. On 16 February 1977, the Air Force Discharge Review Board (AFDRB) considered the applicant’s request to upgrade his discharge to honorable and concluded that the discharge should be changed to general. While the Air Force Discharge...