RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-03810
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:
He had a drinking problem and was young. He regrets he left the Air Force.
He has been a citizen in good standing since his discharge.
In support of his appeal, applicant submitted a copy of his DD Form 214,
Armed Forces of the United States Report of Transfer or Discharge and two
personal statements.
Applicant's complete submission, with attachments, is at Exhibit A.
______________________________________________________________
STATEMENT OF FACTS:
On 4 Jan 61, the applicant contracted his initial enlistment in the Regular
Air Force. He was progressively promoted to the grade of airman third
class having assumed that grade effective and with a date of rank of 28 Mar
61.
On 27 Oct 61, his commander notified him that he was recommending his
discharge from the Air Force for unsuitability. The specific reasons for
the discharge action were:
a. He was sentenced by a Summary Court-Martial for being
absent without leave (AWOL) on 29 May 61.
b. He received an Article 15 for being apprehended by civil
authorities on 6 Aug 61 for being drunk.
c. On 6 Sep 61, he made statements to members of his
squadron to the effect that he was contemplating bringing bodily harm to
himself.
d. On 20 Sep 61, he threatened to jump off a building. He
was sent to the base hospital for observation and treatment and was
transferred to Lackland AFB for further observation and treatment.
The commander advised him of his rights in this matter.
An evaluation officer recommended the applicant be discharged for
unsuitability with an honorable discharge.
The discharge authority nonconcurred with the recommendation of the
evaluation officer and directed a general discharge.
The applicant was discharged on 31 Oct 61. He served 8 months and 21 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).
______________________________________________________________
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, we would be willing to
review the materials for possible reconsideration of his request based on
clemency. Otherwise, in view of the foregoing, 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-2008-
03810 in Executive Session on 11 Dec 08 under the provisions of AFI 36-
2603:
Mr. Gregory A. Parker, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Anthony P. Reardon, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Oct 08, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Negative Reply, dated 5 Nov 08.
GREGORY A. PARKER
Panel Chair
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