RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-02258
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge should have been due to medical reasons; he has a heart
murmur and was not given a chance by the Air Force. He has lived an
honorable life and would like this blemish removed.
In support of his request, the applicant has provided two cardiology
reports.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
His DD Form 214 reflects that he served 6 months and 23 days in the Regular
Air Force in the grade Airman Basic (E-1). On 12 April 1955, he
received an undesirable discharge for having unclean habits and repeatedly
committing offenses.
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 28
August 2008, a copy of the FBI report was forwarded to the applicant for
review and comment within 30 days.
On 28 August 2008, a request for information pertaining to his post-service
activities was forwarded to the applicant for response within 30 days.
On 3 September 2008, he responded with a personal statement stating that he
would have been able to make a better living if he had an honorable
discharge. His complete submission is at 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 his service was contrary to the provisions of the
governing regulation, unduly harsh, or disproportionate to the offenses
committed. We considered upgrading the discharge based on clemency;
however, we do not find the evidence presented is sufficient to compel us
to recommend granting the relief sought on that basis. 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-
02258 in Executive Session on 24 September 2008, under the provisions of
AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Kurt LaFrance, Member
Ms. Debra Walker, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2008-02258 was considered:
Exhibit A. DD Form 149, dated 11 June 2008, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, FBI Investigative Report
Exhibit D. Letter, AFBCMR, dated 28 August 2008, w/atchs.
Exhibit E. Letter, Applicant, dated 3 September 2008.
CHARLENE M. BRADLEY
Panel Chair
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