RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01696
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was spied on, railroaded and deterred from the service.
In support of his request, the applicant provides a personal
statement.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 26 May 1972.
On 21 March 1974, the applicant was notified by his commander of
his intent to recommend that he be discharged from the Air Force
under the provisions of AFR 39-10, paragraph 5-47a. The specific
reasons were wrongfully using marijuana, disorderliness, driving
without a license, 8 failures to report on time for duty,
3 haircut violations and numerous instances of minor
derelictions. For these involvements he received 3 Article 15s.
A Psychiatric evaluation disclosed no mental disorder.
He was advised of his rights in this matter and acknowledged
receipt of the notification. After consulting with counsel, the
applicant waived his right to a hearing before an administrative
discharge board and elected to submit statements in his own
behalf.
In a legal review of the case file, the acting staff judge
advocate found the case legally sufficient and recommended
discharge. The discharge authority concurred with the
recommendations and directed a general discharge. The applicant
was discharged on 17 April 1974. He served 1 year, 10 months and
22 days on active duty.
Pursuant to the Board's request, the Federal Bureau of
Investigation (FBI), Clarksburg, West Virginia, provided an
arrest record which is at Exhibit C.
On 25 June 2010, a copy of the FBI Report of Investigation and a
request for information pertaining to his post-service activities
was forwarded to the applicant for review and response within
30 days (Exhibit D). The Board staff received returned mail
indicating unclaimed, attempted not known and insufficient
address.
_________________________________________________________________
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. Therefore, in the
absence of evidence to the contrary, we find no basis upon which
to recommend granting the relief sought.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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-2010-01696 in Executive Session on 6 January 2011,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-01696 was considered:
Exhibit A. DD Form 149, dated 7 April 2010, w/atchs.
Exhibit B. Applicant's Master Personnel Record.
Exhibit C. Federal Bureau of Investigation Report.
Exhibit D. Letter, AFBCMR, dated 25 June 2010.
Vice Chair
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