RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02821
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
APPLICANT CONTENDS THAT:
At the time of his discharge, he was focused on saving his
troubled marriage.
Since his discharge, he has strived to improve his and his family
life by being a responsible citizen free of arrests, warrants,
misdemeanors and any other infractions.
He currently works as a Supervisory Transportation Security
Officer for the Department of Homeland Security. He also performs
ministerial duties for St. Basil Roman Catholic Church.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 16 Dec 82, the applicant commenced his enlistment in the
Regular Air Force.
On 2 Aug 90, the applicants commander notified him that he was
recommending his discharge from the Air Force for misconduct. The
reasons for the discharge action included two incidents of
reporting late for duty, failure to show for medical appointment,
failure to show for duty, failure to report for WAPS testing and
roll call, failure to show possession or authorized disposition of
tax-exempt property, disobeying a lawful order, and wrongful
possession of marijuana, for which he received six letters of
reprimand, vacation of NCO status, and non-judicial punishment
under Article 15 of the Uniform Code of Military Justice (UCMJ).
After consulting with legal counsel, the applicant submitted a
conditional waiver of his right to an administrative discharge
board contingent upon his receipt of at least a general (under
honorable conditions) discharge.
On 7 Dec 90, the legal office reviewed the case and found it
legally sufficient and recommended the discharge authority accept
the applicants conditional waiver, and that he be separated with
a general discharge without probation and rehabilitation.
On 21 Dec 90, the discharge authority concurred with the findings
and recommendations and directed the applicant be furnished a
general discharge without probation and rehabilitation.
On 25 Jan 91, he was furnished a general (under honorable
conditions) discharge, with a narrative reason for separation of
misconduct-pattern conduct prejudicial to good order and
discipline, and was credited with eight years, one month, and
nine days of total active service.
On 30 Jul 14, a request for post-service information and a Federal
Bureaus of Investigation (FBI) background check was forwarded to
the applicant (Exhibit C). In response, the applicant provided a
copy of his FBI report which revealed no arrest data (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 error or injustice. We took notice
of the applicants 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 commanders discretionary authority. The applicant has
provided no evidence which would lead us to believe the
characterization of 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 characterization of the applicants discharge based
on clemency; however, we do not find the evidence presented
sufficient for us to conclude that his post-service contributions
to his community outweigh the misconduct for which he was
discharged. In view of the above and in the absence of evidence
to the contrary, we find no basis upon which 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-2014-02821 in Executive Session on 19 May 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Jul 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 30 Jul 14.
Exhibit D. FBI Investigative Report, dated 12 Jan 15.
AF | BCMR | CY2011 | BC-2011-04691
The administrative discharge board met on 5 Nov 82 and recommended the applicant be furnished a UOTHC discharge without probation or rehabilitation. In the interest of justice, we considered upgrading the discharge on the basis of clemency; however, we do not find the evidence presented is sufficient for us to recommend granting the relief sought on that basis at this time. Therefore, in the absence of evidence to the contrary, we conclude that no basis exists to grant the relief sought in...
On 2 Feb 91, he enlisted in the Washington Air National Guard (ANG); he transferred to the Air Force Reserve on 10 Dec 92. On 19 Feb 95, he was discharged from the Air Force Reserve with a General discharge by reason of Defective Enlistment – Fraudulent Entry. On 5 Jul 94, HQ AFRES/CV approved the findings and recommendations and the case file was forwarded to the Air Force Personnel Board (AFPB) for a determination as to whether the applicant should receive Lengthy Service Probation (LSP).
AF | BCMR | CY2010 | BC-2010-01206
On 3 Jul 90, he was notified by his commander that he was recommending he be discharged from the Air Force for drug abuse. Based on the available evidence of record, it appears the applicants UOTHC discharge was consistent with the substantive requirements of the discharge regulation and within the commanders discretionary authority. _________________________________________________________________ The following members of the Board considered Docket Number BC- 2010-01206 in Executive...
AF | BCMR | CY2004 | BC-2004-01381
On 22 Dec 72, the discharge authority directed the applicant be discharged without P&R, and that he be issued a DD Form 257AF, General Discharge Certificate. Exhibit D. Letter, HQ AFPC/DPPRS, dated 18 May 04. Exhibit E. Letter, SAF/MRBR, dated 28 May 04.
AF | BCMR | CY2005 | BC-2005-01964
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01964 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 21 DEC 06 _________________________________________________________________ APPLICANT REQUESTS THAT: Block 28, Narrative Reason for Separation (Fraudulent Entry Into Military Service, Drug Abuse) on his DD Form 214, Certificate of Release or Discharge from Active Duty be removed and his...
AF | BCMR | CY2011 | BC-2010-004083
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04083 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to a general discharge. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend...
AF | BCMR | CY2008 | BC-2008-00438
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00438 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO ______________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to an honorable discharge. The applicant was discharged on 8 May 80. ______________________________________________________________ THE BOARD DETERMINES THAT: The...
AF | BCMR | CY2006 | BC-2005-03099
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-03099 INDEX CODE: 110.02 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 15 APR 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to honorable. On 12 Aug 88, the applicant was discharged under the provisions of AFR 39-10 by...
AF | BCMR | CY2008 | BC-2008-00503
On 26 January 1990, the applicant’s commander notified him he was recommending him for an under honorable conditions (general) discharge for fraudulent entry. The applicant admitted he falsified portions of two DD Form 398s, DD Forms 1966/3 and 1966/5, Record of Military Processing–United States Armed Forces, and a DD Form 4/2, Enlistment/Reenlistment Document–Armed Forces of the United States. ________________________________________________________________ THE BOARD DETERMINES THAT: The...
AF | BCMR | CY2013 | BC-2012-01628
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-01628 COUNSEL: NONE HEARING DESIRED: NO IN THE MATTER OF: _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to honorable. On 13 Jul 67, the 834 CSG/CC reviewed the case file and recommended the 9th Air Force commander (9 AF/CC) approve the applicant’s general (under honorable...