RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03197
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The applicant makes no contentions.
Applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 10 Jan 64, as an airman
basic for a period of four years.
On 22 Oct 64, the applicant’s commander notified him that he was
recommending his discharge from the Air Force for unsuitability. The
specific reason for the discharge action was the result of a psychiatric
evaluation that diagnosed the applicant with an inadequate personality
clearly unsuitable for further military service.
His commander advised of him of his rights in this matter.
He was appointed an evaluation officer. The evaluation officer conducted
an interview with the applicant, reviewed his records and comments by his
commander, and recommended his discharge from the Air Force with a general
discharge without probation and rehabilitation.
After consulting with the evaluation officer the applicant elected not to
submit statements in his own behalf.
On 10 Nov 64, the discharge authority directed the applicant be discharged
with a general discharge without probation and rehabilitation.
The applicant was discharged on 10 Nov 64. He served a total of 10 months
and 1 day on active duty.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI)
provided a copy of an Investigative Report, which is at Exhibit C. On 14
Dec 07, a copy of the FBI report was forwarded to the applicant for review
and comment within 30 days, as of this date, no response has been received
by this office (Exhibit D).
On 14 Dec 07, a request for information pertaining to his post-service
activities was forwarded to the applicant for response within 30 days. As
of this date, no response has been received by this office (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. We took notice of the applicant's
complete submission in judging the merits of the case; however, we find no
evidence of an error or injustice that occurred in the discharge
processing. Based on the available evidence of record, it appears the
discharge was consistent with the substantive requirements of the discharge
regulation and within the commander's discretionary authority. The
applicant has provided no evidence which would lead us to believe the
characterization of the service was contrary to the provisions of the
governing regulation, unduly harsh, or disproportionate to the offenses
committed. However, should the applicant provide documentation pertaining
to his post-service accomplishments and activities, this Board would be
willing to review the materials for possible reconsideration of his request
based on clemency. 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 AFBCMR Docket Number BC-2007-
03197 in Executive Session on 22 Jan 08 under the provisions of AFI 36-
2603:
Mr. Laurence M. Groner, Panel Chair
Mr. Grover L. Dunn, Member
Mr. James A. Wolffe, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Sep 07.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, SAF/MRBC, dated 14 Dec 07.
Exhibit E. Letter, SAF/MRBC, dated 14 Dec 07.
LAURENCE M. GRONER
Panel Chair
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