RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00796
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was young and inexperienced at the time.
In support of his request, the applicant provides a letter from
the Office of the Governor of the State of Ohio and copies of his
DD Form 214, Armed Forces of the United States Report of Transfer
or Discharge.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was honorably separated from the Army on 6 February
1963. He enlisted in the Regular Air Force on 29 October 1965
and was promoted to the grade of airman second class.
On 27 November 1967, his commander notified the applicant that he
was recommending his discharge from the Air Force under the
provisions of AFM 39-12, Separation for Unsuitability,
Misconduct, Resignation, or Request for Discharge for the Good of
the Service and Procedures for the Rehabilitation Program, with a
general discharge. The specific reasons for this action were: 1)
He received two Article 15 actions for failure to pay a just debt
and signing a false official document; 2) He was placed on the
Control Roster for financial irresponsibility.
The applicant acknowledged receipt of the notification of
discharge, received advice from a military defense attorney. He
waived his right to submit a rebuttal in his own behalf. The
Staff Judge Advocate found the case file legally sufficient to
support the separation and recommended the discharge be approved
and that he receive a general discharge. On 29 December 1967, the
discharge authority determined that a general discharge was
appropriate in light of the applicants overall military record.
On 5 January 1968, the applicant was discharged with a general
discharge after completing 8 years, 9 months and 23 days total
active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI), Clarksburg, WV, provided a copy of an
Investigation Report (Exhibit C).
On 1 June 2010, the FBI investigation and a request for post-
service information were forwarded to the applicant for response
within 30 days. As of this date, no response has been received
by this office (Exhibit D).
_________________________________________________________________
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. The discharge
appears to be in compliance with the governing directives and we
find no evidence to indicate that his separation from the Air
Force was inappropriate. We find no evidence of error in this
case and after thoroughly reviewing the documentation that has
been submitted in support of the applicant's appeal, we do not
believe he has suffered from an injustice. In addition, based on
his overall record of service, the contents of the FBI Report,
and the limited documentation related to his post-service
activities and accomplishments, we are not persuaded that an
upgrade of the characterization of his discharge on the basis of
clemency is warranted. 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-2010-00796 in Executive Session on 15 July 2010, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Feb 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigation, dated 16 Apr 10.
Exhibit D. Letter, AFBCMR, dated 1 Jun 10.
Panel Chair
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