RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01875
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
When he enlisted in military service, he was young, could not read and had
no guidance or direction of what he really wanted to do. His military
training was adequate but he had more freedom than he could handle. His
job performance was good and he always accomplished his duties without
problems. He was well-liked by his peers and supervisors. It would be an
honor for him to have his discharge upgraded to honorable for the service
he extended to his country.
In support of this application, the applicant submits his personal
statement, a letter of recommendation, a letter of appreciation, and his DD
Form 214, Armed Forces of the United States Report of Transfer or
Discharge.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 9 Aug 67 for a period of
four years. His highest grade achieved was airman first class, effective
and with a date of rank of 1 Jun 69.
On 31 Aug 70, his commander notified him that he was recommending his
separation from the Air Force under the provisions of AFR 39-12, Chapter 2,
para 2-15a for unfitness. His reasons were the applicant’s frequent
involvement of a discreditable nature with military authorities. Following
is an account of the applicant’s infractions:
1) On 16 Sep 69, he received an Article 15 for Failure to Repair.
2) On 4 Feb 70, he received an Article 15 for Failure to Repair
3) On 21 Aug 70, he received an Article 15 for being derelict in the
performance of his duties.
On 1 Oct 70, the discharge authority approved the recommended discharge.
On 8 Oct 70, he was discharged with a general (under honorable conditions)
character of service and issued a general discharge certificate. He had
served three years and two months on active duty.
In response to the Board’s request, the FBI indicated that on the basis of
the data furnished they were unable to identify with an arrest record.
On 23 Nov 09, a request for post-service information was forwarded to the
applicant for response within 30 days. To date, no response has been
received.
_________________________________________________________________
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. 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 BC-2009-01875 in
Executive Session on 12 Jan 2010, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Jun 09 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 23 Nov 09, w/atch.
Panel Chair
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