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AF | BCMR | CY2009 | BC-2009-01324
Original file (BC-2009-01324.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-01324
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED: NO



_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show his discharge as  honorable  rather  than
general, under honorable conditions.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was 19 years old in 1964 and was not properly instructed.   He  was  an
African-American based in Big Spring, TX at a time  when  racial  tensions
ran very high.  He was promoted to airman third class (A/3C) at age 18 and
then to airman second class (A2C) at age 19 as a crew chief.  After a  new
commander was appointed, he was told he  had  been  promoted  too  quickly
creating tension between him and his commander.

In support of his appeal, the applicant provides  copies  of  his  DD Form
214, Armed Forces of the United States Report of  Transfer  or  Discharge,
and pertinent parts of his master personnel records (MPR).

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force  on  11  Jun  63  and  he  was
progressively promoted to the grade of A2C effective and with  a  date  of
rank (DOR) of 1 Jun 64.  On 8 Feb 65, his commander notified  him  he  was
recommending he be discharged for receiving  two  Article  15’s  involving
wrongful appropriation of a 1957 Buick automobile and carelessly firing  a
weapon in his barracks area.  He was demoted to airman basic  (AB)  on  18
Sep 64, ordered to correctional  custody  for  30  days  and  required  to
forfeit $41.00 of his pay per month for two months.   His  second  Article
15, received for  discharging  a  weapon  required  he  spend  30 days  in
correctional custody and forfeit $41.00 per month  for  two  months.   The
commander also took into consideration the applicant’s failure to progress
in his on-the-job-training (OJT) and his removal from  flying  status  for
sub-standard  performance.   The   commander   noted   one   instance   of
indebtedness for his failure to pay a debt and that he had been  counseled
several times with no success.  He served for 1 year,  8  months,  and  23
days before he was discharged under honorable conditions on 3 Mar 65.   He
was discharged in the grade of airman basic (AB) effective and with a date
of rank of 18 Sep 64.

_________________________________________________________________

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
process.  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  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-2009-
01324 in Executive Session on 10 November 2009, under  the  provisions  of
AFI 36-2603:


The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Jul 09, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFBCMR, dated 7 Oct 09, w/atch.







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