RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00793
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:
On 1 Feb 64, the applicant contracted his initial enlistment in the Regular
Air Force. He was progressively promoted to the grade of airman third
class having assumed the grade effective and with a date of rank of 27 Mar
64.
On 23 Nov 64, his commander notified him that he was recommending he be
honorably discharged from the Air Force for unsuitability. The specific
reason for the discharge action was that medical service personnel
determined he was unsuitable for continued service.
His commander advised him of his rights in this matter.
He acknowledged receipt of the notification and waived his rights to submit
a statement in his own behalf.
On 14 Dec 64, the staff judge advocate reviewed the case and found it
legally sufficient to support separation and recommended the applicant be
honorably discharged without probation and rehabilitation.
The discharge authority directed a general discharge without probation and
rehabilitation.
The applicant was discharged on 18 Dec 64. He served 10 months and 18 days
on active duty.
Pursuant to the Board’s request, the Federal Bureau of investigation,
indicated on the basis of the data furnished they were unable to locate an
arrest record (Exhibit C).
On 22 May 08, 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.
______________________________________________________________
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 his service was contrary to the provisions of the
governing regulation, unduly harsh, or disproportionate to the offenses
committed. Therefore, in the absence of evidence to the contrary, we find
no basis upon which to recommend granting the relief sought.
______________________________________________________________
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-2008-
00793 in Executive Session on 25 Jun 08 under the provisions of AFI 36-
2603:
Mr. Joseph D. Yount, Panel Chair
Ms. Barbara J. Barger, Member
Mr. Reginald P. Howard, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Feb 08.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Negative Reply, dated 12 Mar 08.
Exhibit D. Letter, SAF/MRBC, dated 22 May 08.
JOSEPH D. YOUNT
Panel Chair
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