RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-04002
INDEX CODE: 110.00
COUNSEL: MARY NEWMAN
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge should have been because of hardship. His father died
and he was the sole support for his mother.
In support of the appeal, applicant submits a copy of his DD Form 214.
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 26 September 1961 for a
period of four years. He was promoted to the grade of airman third
class (A3C) on 21 November 1961. He received three Airman Performance
Reports (APRs) closing 25 September 1962, 25 September 1963 and 25
September 1964, in which the overall evaluations were “an excellent
airman,” “a good airman” and “an excellent airman.”
On 3 December 1964, applicant’s commander notified him that he was
recommending his discharge for apathy, defective attitude toward his
military obligation and inability to expend effort constructively.
Basis for the action: His job performance during the previous 60 days
was marginal; his attitude towards noncommissioned officers (NCOs) and
his duty section had deteriorated to such an extent that further
efforts to rehabilitate him were not in the best interest of the
service; he was counseled for failure to prepare his quarters for
inspection; he was counseled for being late for bay orderly; he
received nonjudicial punishment under Article 15, UCMJ, dated 21 April
1964, on two counts of failure to repair (punishment consisted of
reduction to airman basic and restriction to the limits of Glasgow
AFB, MO, for a period of 30 days); he was counseled for failure to
pass barracks inspection, in addition he received a letter of
reprimand (LOR) for disrespectful language towards a NCO; he failed to
report for duty on 22 November 1964; and he was repeatedly counseled
on his apathy towards his military obligations.
The applicant was discharged from the Air Force on 7 December 1964
under the provisions of AFR 39-16 (apathy and defective attitude) and
received an under honorable conditions (general) discharge. He served
3 years, 2 months and 12 days on active duty.
While reviewing the applicant’s records, it was discovered that there
was an error on his DD Form 214, Armed Forces of the United States,
Report of Transfer or Discharge, effective 7 December 1964. A DD Form
215, Correction to DD Form 214, Certificate of Release or Discharge
from Active Duty, has been completed to correct item 26 of the DD Form
214 to add National Defense Service Medal, and was forwarded to the
applicant.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, indicated on the basis of the data
furnished they were unable to locate an arrest record (Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS states that the discharge was consistent with the
procedural and substantive requirements of the discharge regulation.
The discharge 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 D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 13 February 2004, copies of the Air Force evaluation were forwarded
to the applicant and counsel for review and response within 30 days.
As of this date, no response has been received by this office.
_________________________________________________________________
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. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for the conclusion that the
applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in 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 in
Executive Session on 6 May 2004, under the provisions of AFI 36-2603:
Mr. Laurence M. Groner, Panel Chair
Ms. Deborah A. Erickson, Member
Ms. Sharon B. Seymour, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Nov 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFPC/DPPRS, dated 4 Feb 04.
Exhibit E. Letters, SAF/MRBR, dated 13 Feb 04.
LAURENCE M. GRONER
Panel Chair
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