RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00509
INDEX CODE: 110.02
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharged be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was unjustly discharged considering the time he served.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 13 May 1968 for a period of
four years and was progressively promoted to the grade of sergeant.
On 15 December 1971, he was notified by his commander that he was
recommending he be discharged from the Air Force under the provisions of
AFM 39-12, Separation for Unsuitability, Misconduct, Resignation, or
Request for Discharge for the Good of the Service and Procedures for the
Rehabilitation Program. The specific reasons for this action were that he
received two Article 15s for failure to go and for being absent without
leave. He was eventually diagnosed as having an inadequate personality
disorder. He was advised of his rights and he acknowledged receipt of the
notification. On 17 December 1971, a legal review found his case legally
sufficient and recommended a general discharge. On 20 December 1971, he
was discharged from the Air Force in the grade of airman first class. He
served 3 years, 7 months and 5 days of active duty.
In response to the Board's request, the Federal Bureau of Investigations
(FBI) provided a copy of an investigative report pertaining to the
applicant. A copy of the FBI report was forwarded to the applicant on a 1
April 2008 for review and response within 30 days (See Exhibit C). He has
not responded.
On 1 April 2008, a request for post-service information was forwarded to
the applicant for response within 30 days. He has not responded.
_________________________________________________________________
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 found no indication that the actions taken to effect
his discharge were improper or based on factors other than his own
misconduct. Likewise, the applicant has not shown that the discharge was
improper or that the characterization of his discharge was inappropriate
under the circumstances. Based on his overall record of service, and his
apparent misconduct subsequent to service as indicated on the FBI report,
we are not persuaded that an upgrade of the characterization of his
discharge is warranted on the basis of clemency. Therefore, based on the
available evidence of record, we find no basis upon which to favorably
consider his request.
_________________________________________________________________
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-2008-00509
in Executive Session on 7 May 2008, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Lea Gallogly, Member
Ms. Glenda H. Scheiner, Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2008-00509:
Exhibit A. DD Form 149, dated 1 Feb 08.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 26 Feb 08.
Exhibit D. Letter, AFBCMR, dated 1 Apr 08.
THOMAS S. MARKIEWICZ
Chair
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