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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