ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1989-02499
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he requests his general
(under honorable conditions) discharge be upgraded to an honorable
discharge.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 14 April 1969, in the
grade of airman basic for a period of four years.
On 12 August 1971, the applicant was notified of his commander's intent to
initiate discharge action against him for Unsuitability. The specific
reasons follow:
On 14 February 1971, the applicant received a Letter of Counseling
(LOC) for failure to report to duty on 12 and 13 February 1971.
On 3 May 1971, the applicant was placed on the airman control roster
for substandard performance of duty from 30 October 1970 to 19 April 1971.
On 10 May 1971, the applicant was notified of his commander's intent
to impose nonjudicial punishment upon him for the following: he did, on or
about 25 April 1971, without authority, absent himself from his
organization, and did remain so until on or about 28 April 1971, in
violation of Article 86, Uniform Code of Military Justice. He was found
guilty by his commander who imposed the following punishment: restriction
to the limits of the Air Base for a period of 14 consecutive days and a
forfeiture of $25.00 per month for two months.
On 9 June 1971, the applicant received a Report of Incident, for
failure to obey a lawful order and disrespect.
On 13 August 1971, the commander appointed an evaluation officer to review
the applicant’s case for discharge.
On 14 August 1971, the evaluation officer indicated the applicant was
unable to adapt and conform to military life and standards. The applicant
was disrespectful to his superiors and possessed no military bearing. His
lack of initiative and negative attitude toward the military prevented him
from expending efforts constructively in the accomplishments of the Air
Force Mission. He could not be relied upon and would not accept
responsibility. In terms of dress and attitude, he gave the impression he
was a genuine “hippie.” He reported to the evaluation officer not in
uniform but dressed in “hippie” clothes (i.e., sandals, beads, headband,
and over-the-shoulder purse). He believed in total freedom of the
individual. In his words: “Rules and regulations-they suck!” He saw no
use for the uniform. He thoroughly disagreed with directives pertaining to
hair and dress standards. He saw the rules as undemocratic, restricting
the individual, and having nothing whatever to do with the manner in which
he performed his job. He frequently used four letter words to express
himself and/or the current vocabulary of the “hippie” set. He had a
particular dislike for the “establishment” and for all authority figures.
He told an officer in his squadron: “your rank doesn’t mean s--- to me.”
The applicant’s personnel file indicated there had been numerous occasions
when he had been disrespectful to his superiors. It also revealed he had
been noticeably out of uniform on several occasions in public places. He
was considered to be immature, docile and feminine. He claimed to be a
pacifist and to be a user of illegal drugs. He was drafted into the Air
Force and wanted to be released. The evaluation officer recommended the
applicant be discharged under honorable conditions.
After being advised of his rights, the applicant refused to accept
probation if offered and did not submit statements in his own behalf.
On 27 August 1971, the Staff Judge Advocate recommended the applicant be
discharged with a general discharge.
On 28 August 1971, the convening authority approved the applicant’s general
(under honorable conditions) discharge.
On 9 September 1971, the applicant was discharged in the grade of sergeant
with a general (under honorable conditions) discharge, under the provisions
of AFM 39-12 (Unsuitability). He served 2 years, 4 months, and 23 days of
total active duty service.
On 6 June 1989, the applicant submitted an application to the Board
requesting his general (under honorable conditions) discharge be upgraded
to an honorable discharge. On 21 February 1990, the Board considered and
denied the applicant’s request based on untimeliness. A complete copy of
the Record of Proceedings (ROP) is at Exhibit E.
On 23 September 2003, the applicant submitted a request for reconsideration
requesting his general (under honorable conditions) discharge be upgraded
to an honorable discharge. He indicates he did nothing seriously wrong to
merit anything other than an honorable discharge. The applicant’s complete
submission is at Exhibit F.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, provided an arrest record which is at Exhibit G.
On 27 February 2004, the applicant was provided the opportunity to respond
to the FBI investigation within 14 days. As of this date, no response has
been received by this office (Exhibit H).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. Insufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice warranting the applicant’s general
(under honorable conditions) discharge be upgraded to an honorable
discharge. The Board believes responsible officials applied appropriate
standards in effecting the separation, and the Board does not find
persuasive evidence that pertinent regulations were violated or that the
applicant was not afforded all the rights to which entitled at the time of
discharge. Therefore, in the absence of evidence to the contrary, we find
no compelling basis to change our previous decision in this application.
2. The applicant’s post-service accomplishments are noted; however,
after reviewing the applicant’s entire record and the circumstances
surrounding his discharge, we are not persuaded that his discharge should
be upgraded on the basis of clemency. In this respect, we have considered
the applicant’s overall quality of service, the events which precipitated
the discharge, and his post-service conduct; on balance, we do not believe
that clemency is warranted.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of an 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-1989-
02499 in Executive Session on 21 April 2004, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Frederick R. Beaman III, Member
Mr. Vance E. Lineberger, Member
The following documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 21 February 1990,
w/atchs.
Exhibit F. DD Form 149, dated 23 September 2003, w/atchs.
Exhibit G. FBI Report.
Exhibit H. Letter, AFBCMR, dated 27 February 2004.
THOMAS S. MARKIEWICZ
Chair
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