RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01925
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His general discharge should be changed to an honorable discharge
because the USAF should have never accepted him because he was a minor
when he enlisted. He was not of legal age when he enlisted.
In support of the appeal, applicant submits a personal statement, a
copy of his DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge, a copy of his DD Form 215, Correction to DD
Form 214, and a copy of his discharge document.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in Regular Air Force on 17 October 1963 in the
grade of airman basic for a period of 4 years. Prior to the events
under review, he was promoted to the grade of airman third class (E-3)
on 12 December 1963. He received two Airman Performance Reports for
the periods ending 16 October 1964 and 13 March 1965, in which the
overall evaluations were “marginal” and “unsatisfactory,”
respectively.
On 1 February 1965, the commander notified the applicant that he
recommended a discharge from the Air Force for inaptitude. He
recommended an honorable discharge. Basis for the discharge was that
the applicant had been counseled numerous times because he is unable
to adjust to military life, unresponsive to counseling, and could not
absorb and retain instructions and training. On 29 December 1964, he
received nonjudicial punishment under Article 15 for failure to
repair; and was restricted to base for 30 days. On 1 October 1964, he
was tried and convicted by a Summary Court-Martial for careless
discharge of a weapon. He was reduced to airman basic, forfeit $50
and restricted to base for 30 days. He was placed on the control
roster for a referral performance report for the period 17 October
1953 to 16 October 1964. He was counseled on his unsatisfactory
appearance and his lack of initiative to perform his duties. He
failed to demonstrate sufficient drive and ambition to progress in his
military career. An evaluating officer was appointed. He interviewed
the applicant and detailed the reasons for his recommended discharge
and to the characterization applicant could expect to receive. The
applicant did not offer a rebuttal. The evaluating officer
recommended a general discharge after considering all the facts and
circumstances. The Staff Judge Advocate reviewed the case and found
it legally sufficient to support discharge. The Discharge Authority
approved and ordered a general discharge on 6 April 1965.
The applicant, while serving in the grade of airman basic, was
discharged from the Air Force on 21 April 1965 under the provisions of
AFR 39-16 (attrition, inaptitude or unsuitability) and received a
general (under honorable conditions) discharge. He served one year,
six months and five days of total active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS states that they believe the discharge was consistent with
the procedural and substantive requirements of the discharge
regulation. Additionally, the separation was within the discretion of
the Discharge Authority. Therefore, they recommend denial of
applicant’s request.
A complete copy of the evaluation is attached at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states that he would like to thank you all for reminding him
of his imperfections. He wants to know if you can please advise him
of where you all got your perfections from, he would like to have some
of it.
Applicant's complete response, with attachments, is at Exhibit E.
_________________________________________________________________
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. Evidence has not been presented
which would lead us to believe the applicant’s discharge was erroneous
or unjust. The reasons discharge proceedings were initiated against
the applicant are well documented in the record. If the applicant can
provide any new evidence showing the information in his discharge case
file is erroneous, that his substantial rights were violated, or that
his commanders abused their discretionary authority, the Board would
be willing to reconsider his request. In the absence of such
evidence, we have no basis on which to favorably consider this
application.
_________________________________________________________________
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 this application, BC-
2003-01925, in Executive Session on 28 August 2003, under the
provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. James E. Short, Member
Mr. Laurence M. Groner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 May 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 7 Jul 03.
Exhibit D. Letter, SAF/MRBR, dated 18 Jul 03.
Exhibit E. Applicant’s response, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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