RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02049
INDEX CODE: 110.02
COUNSEL: None
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 2 OCTOBER 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He tried to get a humanitarian or hardship transfer. Instead he was given
a general discharge. He had no intention of separating from the military.
In support of his appeal, applicant provided a copy of his DD Form 214,
Armed Forces of the United States Report of Transfer or Discharge.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 6 Oct 70, for a period of
four years in the grade of airman basic. His highest grade held was airman
first class.
On 27 Mar 73, applicant’s commander notified him that he was recommending
that he be discharged from the Air Force for unsuitability for his
apathetic and defective attitudes. The reasons for the proposed action
were: (1) On 5 Jan 73, applicant received an Article 15 for being
disorderly in station. Punishment imposed was a suspended reduction in
grade to airman; (2) Letters of Indebtedness (Dishonored Checks); and (3)
Failure to accept responsibilities, as evidenced by continual failure to
apply himself in study and successful completion of his upgrade training.
On 5 Apr 73, applicant acknowledged he had been interviewed and counseled
regarding the discharge action and that he declined to present statements
in his own behalf. On 11 Apr 73, the group Staff Judge Advocate found the
case file legally sufficient to support discharge from the Air Force with a
general discharge without probation or rehabilitation. On 12 Apr 73, the
discharge authority approved the separation and directed that the applicant
be separated with a general discharge.
Applicant was discharged on 26 Apr 73, in the grade of airman first class
(E-3), under the provisions of AFM 39-12, Chapter 2, Section A, for
Unsuitability, and was issued a general discharge. He was credited with 2
years, 6 months, and 21 days of active military service.
Pursuant to the Board’s request on 23 Jul 07, the Federal Bureau of
Investigation, Clarksburg, WV, provided a copy of an investigation report,
which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
None. The applicant has not shown the characterization of his discharge
was contrary to the provisions of AFM 39-12, Separation for Unsuitability,
Unfitness or Misconduct; Resignation or Request for Discharge for the Good
of the Service; and Procedures for the Rehabilitation Program. (Extract
copy of applicable portion attached as Exhibit D). Nor has he shown the
nature of the discharge was unduly harsh or disproportionate to the
offenses committed. Notwithstanding the absence of error or injustice, the
Board has the prerogative to grant relief on the basis of clemency if so
inclined.
On 17 Aug 07, a copy of the FBI report was forwarded to the applicant for
review/comment (Exhibit E). To date, a response has not been received.
_________________________________________________________________
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 find no impropriety in the characterization of
applicant’s discharge. It appears that responsible officials applied
appropriate standards in effecting the separation, and we do 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. We conclude, therefore, that the discharge proceedings were
proper and characterization of the discharge was appropriate to the
existing circumstances. Additionally, in view of the contents of the FBI
Identification Record, we are not persuaded that the characterization of
the applicant’s discharge warrants an upgrade to honorable on the basis of
clemency. In view of the above we find no basis to warrant favorable
action on this application.
4. The applicant's 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 issue involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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 Docket Number BC-2007-
02049 in Executive Session on 25 September 2007, under the provisions of
AFI 36-2603:
Mr. James W, Russell, III, Panel Chair
Mr. Don H. Kendrick, Member
Ms. Josephine L. Davis, Member
The following documentary evidence pertaining to Docket Number BC-2007-
02049 was considered:
Exhibit A. DD Form 149, dated 22 Jun 07, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Extract, AFM 39-12.
Exhibit E. Letter, AFBCMR, dated 17 Aug 07.
JAMES W. RUSSELL, III
Panel Chair
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