RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03982
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
APPLICANT CONTENDS THAT:
He was uneducated about the consequences of his bad financial
decisions. He got into debt while trying to take care of his
wife and family. His career in public service is at risk
because of the type of discharge he received.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
9 Nov 89.
On 6 Nov 91, the applicants commander recommended his discharge
for Misconduct pattern dishonorable failure to pay just debts,
under the provisions of AFR 39-10, Administrative Separation of
Airmen, para 5-47. The reasons for the action included
financial irresponsibility and failure to pay debts, for which
he received several letters of counseling, letters of reprimand
and an Article 15 dated, 26 Aug 91.
On 13 Nov 91, after consulting with legal counsel, the applicant
acknowledged receipt of the action and waived his right to
submit statements on his own behalf.
On 16 Nov 91, the recommendation for discharge was found legally
sufficient and, on 21 Nov 91, the discharge authority directed
the applicant be discharged.
On 2 Dec 91, the applicant was furnished a general (under
honorable conditions) discharge, and was credited with 2 years
and 24 days of active service.
On 27 Feb 95, the applicant applied to the Air Force Discharge
Review Board (AFDRB) to have his discharge upgraded to
Honorable. On 6 Sep 96, the AFDRB denied his request,
concluding that his discharge was consistent with the procedural
and substantive requirements of the discharge regulation and was
within the discretion of the discharge authority and he was
provided full administrative due process.
On 30 Sep 14, a request for post-service information was
forwarded to the applicant for review and comment within 30
days. As of this date, no response has been received by this
office (Exhibit C).
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
applicants post-service activities, there is no way for us to
determine if the applicants 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.
4. The applicants 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-2014-03982 in Executive Session on 18 Jun 15, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Sep 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 30 Sep 14.
AF | BCMR | CY2013 | BC 2013 05570
On 7 April 2009, the Air Force Discharge Review Board (AFDRB) considered and denied the applicants request to upgrade his discharge to Honorable. As of this date, no response has been received by this office (Exhibit E). AIR FORCE EVALUATION: AFPC/DPSOR recommends denial, indicating there is no evidence of an error or an injustice in the processing of the discharge.
AF | BCMR | CY2006 | BC-2007-00040
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00040 INDEX CODE: 110.02 COUNSEL: None HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: Jul 13, 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. The AFDRB reviewed all the evidence of record and concluded that the discharge was consistent with the...
AF | BCMR | CY2013 | BC 2013 00427
On 22 Sep 98, the Air Force Discharge Review Board (AFDRB) considered the applicants petition to upgrade his discharge to honorable, reason for discharge, and reenlistment (RE) code. For these reasons, this Board very carefully weighs requests to upgrade the character of a discharge and, in doing so, carefully considers whether the impact of an applicants contributions to his or her community are substantial enough for us to conclude they overcome the misconduct for which he was...
AF | BCMR | CY2014 | BC 2014 01696
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01696 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable discharge. On 28 Jan 14, the applicant appealed to the Air Force Discharge Review Board (AFDRB) to have his discharge upgraded to Honorable. In the interest of justice, we considered upgrading the discharge based on clemency; however,...
AF | BCMR | CY2007 | BC-2007-02037
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02037 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 30 DEC 08 _________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to an honorable discharge. On 14 Feb 91, the applicant’s commander notified him that he was recommending he be discharged from the Air Force...
AF | BCMR | CY2006 | BC-2005-02704
Examiner’s Note: Members of the Air Force Reserve receive a Reenlistment Eligibility Status of either “Eligible” or “Ineligible.” Also members discharged from the Air Force Reserve receive a Special Order rather than a DD Form 214 as a record of their discharge. A complete copy of the evaluation is at Exhibit C. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant provided a personal letter stating he made a...
AF | BCMR | CY2014 | BC 2014 00106
As of this date, no response has been received by this office. 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 applicants post-service activities warrant such consideration. Exhibit C. Letter, AFBCMR, dated 28 Apr 14.
AF | BCMR | CY2008 | BC-2008-00492
Capt M started court-martial proceedings against him. Although he has no proof, he feels his discharge was based on the ill-feelings Capt M had towards him. The applicant submitted a similar application to the Air Force Discharge Review Board (AFDRB) requesting his discharge be upgraded to honorable.
AF | BCMR | CY2013 | BC-2012-03743
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03743 COUNSEL: NONE HEARING DESIRED: NO ______________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. On 28 Sep 2009, the Air Force Discharge Review Board (AFDRB) denied the applicants request for a discharge upgrade. In the interest of justice, we considered upgrading the...
AF | BCMR | CY2013 | BC 2012 03743
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03743 COUNSEL: NONE HEARING DESIRED: NO ______________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. On 28 Sep 2009, the Air Force Discharge Review Board (AFDRB) denied the applicants request for a discharge upgrade. In the interest of justice, we considered upgrading the...