RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-04348
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general under honorable discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During the time in question, he had no idea of what God and country was all
about, but now he does. He would like to right a wrong he committed many
years ago. It preys on his mind everyday of his life and he would like to
put his mind to rest.
He knows the importance of military service. He works at a cemetery and
ensures the American flag is flying properly for the Veterans.
In support of this application, the applicant submits his DD Form 214,
Armed Forces of the United States Report of Transfer or Discharge.
The applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 17 Dec 70, the applicant enlisted in the Regular Air Force.
On 17 Jan 72, his commander notified him that he was recommending his
separation from the Air Force under the provisions of AFM 39-12, Separation
for Unsuitability, Misconduct, Personal Abuse of Drugs; Resignation or
Request for Discharge for the Good of the Service; and Procedures for the
Rehabilitation Program, Chapter 2, Section A, para 2-4b. His reasons were
as follows:
a. On 10 Dec 71, the applicant was diagnosed with Neurotic
depression-severe, unresolved, complicated by elements of anxiety and
psycho physiological disturbance and a rather severe character disorder.
b. On 13 Oct 71, he was convicted by special court martial for being
absent without leave (AWOL) between 27 Aug 71 and 25 Sep 71.
A legal review by the Staff Judge Advocate on 19 Jan 72, found the
discharge case file legally sufficient.
On 26 Jan 72, the discharge authority approved the recommended discharge.
On 28 Jan 72, he was discharged with a general (under honorable conditions)
character of service. He served 9 months and 27 days on active duty. He
had 107 days of lost time due to AWOL and confinement.
In response to the Board’s request, the FBI indicated they were unable to
identify with an arrest record pertaining to the applicant on the basis of
information furnished.
_________________________________________________________________
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-2009-04348 in
Executive Session on 7 Oct 10, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Nov 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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