RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01203
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Because of the sexual trauma that occurred in the military, his
performance suffered. He had a loss of motivation, became
suspicious and felt threatened by military personnel around him.
In support of his request, the applicant provides medical notes
from the Hudson Valley Health Care Outpatient Clinic.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 14 September
1973 and was progressively promoted to the grade of airman first
class.
On 23 July 1976, 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 three Article 15 actions for failure to go and
failure to maintain quarters in a clean, orderly and safe
condition; 2) He received four Letters of Counseling for failure
to keep his dormitory room clean and being late for work; 3) His
previous suspension was vacated for failure to maintain quarters
in a clean and safe manner; 4) He was placed on the Control
Roster for his past conduct and failure to comply with
directives.
On 23 July 1976, the applicant acknowledged receipt of the
notification of discharge and received advice from a military
defense attorney. The Staff Judge Advocate found the case file
legally sufficient to support the separation and recommended the
applicants request for discharge be approved and that he receive
a general discharge. On 6 August 1976, the discharge authority
determined that a general discharge was appropriate in light of
the applicants overall military record.
On 25 August 1976, the applicant was discharged with a general
discharge (under honorable conditions) after completing a period
of 2 years, 11 months and 12 days of 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-2010-01203 in Executive Session on 7 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 20 Mar 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 30 Apr 10.
Exhibit D. Letter, AFBCMR, dated 1 Jun 10.
Panel Chair
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