RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03563
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
APPLICANT CONTENDS THAT:
He made wrong choices. He was injured playing sports and took
pain killers. He needed help not a discharge. He was accused
of stealing and selling football equipment.
The Board should consider it in the interest of justice to
consider his untimely application as he chose to get out early
rather than risk losing everything. He did not have proper
representation.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
On 20 Oct 86, the applicant entered the Regular Air Force.
On 6 Jul 97, the applicants commander notified him that he was
recommending he be discharged for misconduct In Accordance With
(IAW) AFR 39-10, Administrative Separation of Airmen, paragraph
5-47b. The reasons for the recommendation include dereliction
of his duties with subsequent relief of his duties and Letters
of Reprimand (LOR) for failure to pay his debts, wrongful
possession and use of drugs, wrongful appropriation of military
property, failure to support his infant daughter, committing
adultery, communicating a threat and failure to report for duty.
He was advised of his right to consult legal counsel, present
his case to an administrative discharge board, submit statements
in his own behalf or waive his rights.
On 14 Jul 97, the applicant acknowledged the discharge
recommendation. He requested an administrative discharge board
and representation by military counsel.
On 1 Sep 87, the applicant requested a conditional waiver of the
rights associated with an administrative discharge board
hearing. The waiver was contingent on his receipt of no less
than a general discharge.
On 21 Sep 87, the staff judge advocate found the recommendation
for discharge legally sufficient and recommended a general
discharge without probation and rehabilitation.
On 23 Sep 87, the discharge authority accepted the applicants
conditional waiver and ordered the applicant be discharged with
a general discharge without probation and rehabilitation.
On 5 Oct 87, he was discharged with service characterized as
general (under honorable conditions) with a narrative reason for
separation of Misconduct-pattern prejudicial to good order and
discipline.
On 2 Oct 14, SAF/MRBR provided the applicant an opportunity to
provide information pertaining to his activities since leaving
the service (Exhibit C). As of this date, this office has not
received a response.
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 this 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, there was no evidence submitted to compel
us to recommend granting the relief sought 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-2014-03563 in Executive Session on 14 Apr 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Aug 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 2 Oct 14, w/atch.
AF | BCMR | CY2003 | BC-2003-00317
On 26 Jun 87, the First Sergeant counseled applicant concerning his failure to pay the debt of $380. On 17 Jul 87, after consulting with counsel and having been advised of his rights, applicant submitted a conditional waiver of his rights associated with an administrative discharge board hearing contingent on his receipt of a general discharge. Exhibit D. Letter, SAF/MRBR, dated 10 Jun 03.
AF | BCMR | CY2002 | BC-2002-03091
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AF | BCMR | CY2003 | BC-2002-03091
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-03091 INDEX NUMBER: 110.00 XXXXXXXXXXXXXXX COUNSEL: None XXX-XX-XXXX HEARING DESIRED: No __________________________________________________________________ APPLICANT REQUESTS THAT: The narrative reason for his discharge be changed from “Misconduct- Drug Abuse.” __________________________________________________________________ APPLICANT CONTENDS THAT: He made an error in judgement on...
AF | BCMR | CY2010 | BC-2010-01042
On 30 Sep 10, the Board staff requested the applicant provide documentation concerning his activities since leaving military service (Exhibit D). 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 30 Sep 10, w/atch.
AF | BCMR | CY2014 | BC 2014 02788
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02788 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. On 30 Jun 87, the applicant received a general (under honorable conditions) discharge with a narrative reason for separation of Homosexuality Acts and corresponding separation code of HRA. His DD Form 214, reflects a Reenlistment (RE)...
AF | BCMR | CY2008 | BC-2007-03866
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...
AF | BCMR | CY2011 | BC-2011-04259
In support of his request, the applicant provides copies of documents extracted from his military personnel records. On 15 Feb 12, the Board staff requested the applicant provide documentation concerning his activities since leaving military service (Exhibit C). We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis.
AF | BCMR | CY2005 | BC-2004-03563
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPWB recommended denial noting the applicant was administratively demoted from TSgt to SrA with a DOR of 15 Jul 03. His commander also served him with a letter of reprimand (LOR), established an unfavorable information file (UIF), and his name was placed on a control roster for this conviction. Applicant’s complete response is at Exhibit...
AF | BCMR | CY2005 | BC-2005-00105
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 | CY2006 | BC-2005-03099
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