RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02599 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His general (under honorable conditions) discharge be upgraded to 
honorable. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

There was no error at the time of his discharge; however, he is 
retired now and would like his discharge upgraded before he dies. 
He was 14 years old at the time he enlisted in 1952, but was 
discharged in 1954 for fraudulent investment. He served his 
country honorably while on active duty. 

 

In support of his request, the applicant provides a copy of his 
DD Form 214, Report of Separation from the Armed Forces of the 
United States, and a copy of his Certificate of Birth. 

 

His complete submission, with attachments, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted into the Regular Air Force on 4 Aug 52. 
According to the applicant’s military records, he was also known 
as Anthony C. Gusick. The applicant was notified by his 
commander that he was recommending him for discharge from the Air 
Force under the provisions of AFR 39-17. The specific reasons 
for this action were for not showing any progress in attitude or 
efficiency, for dereliction of duty, for damaging a motor scooter 
and for firing a weapon in an unauthorized situation and at an 
unauthorized time, for breaking a stop light glass, for failing 
to report for duty and for being late to work on several 
occasions. He was summary court-martialed; reduced in grade to 
airman basic; given extra duty and compelled to pay damages; and 
given a verbal reprimand. The applicant received a general 
discharge after serving 2 years, and 19 days on active duty. 

 

The Air Force Discharge Review Board (AFDRB) reviewed the 
applicant’s request for an upgrade to his discharge on 2 Dec 56; 


however, the AFDRB stated no further consideration could be given 
by the AFDRB. The applicant was directed to appeal to the Air 
Force Board for Correction of Military Records. 

 

Pursuant to the Board's request, the Federal Bureau of 
Investigation, Clarksburg, West Virginia, was unable to identify 
an arrest record. 

 

_________________________________________________________________ 

 

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. After careful 
consideration of the available evidence, we found no indication 
the actions taken to effect his discharge were improper or 
contrary to the provisions of the governing regulations in effect 
at the time, or the actions taken against the applicant were 
based on factors other than his own misconduct. We considered 
upgrading the discharge based on clemency; however, we do not 
find the evidence presented is sufficient to recommend granting 
the relief sought on that basis. Having found no error or 
injustice with regard to the actions that occurred while the 
applicant was a military member, we conclude that no basis exists 
to grant favorable action on his request. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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-2011-02599 in Executive Session on 20 Oct 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-02599 was considered: 

 

 Exhibit A. DD Form 149, dated 8 Jul 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 

 

 

 

 

 Panel Chair