RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01937
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was discriminated against for being a Negroid as reflected on
his DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge. A fellow veteran filled out his DD Form
149, Application for Correction of Military Record Under the
Provisions of Title 10, U.S. Code, Section 1552, stating the
applicants discharge should be changed to honorable.
In support of his request, applicant provides a copy of his DD Form
214.
His complete submission, with attachment, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 11 Aug 59.
The applicant was notified by his commander that he was
recommending him for discharge from the Air Force under the
provisions of AFM 39-17 for frequent involvement of a discreditable
nature with military authorities. The specific reasons for this
action were for consuming alcoholic beverages in the barracks on
more than one occasion; for causing negligent damage to a
government vehicle; for failing to display proper registration on a
motor scooter and operating a motor scooter with an expired
operators license; for being in the dining facility in an
unauthorized status; and for being disorderly at Sheppard Air Force
Base. The applicant received four Article 15s and one
administrative reprimand for his actions. He received a general
discharge on 10 Apr 63 after serving 3 years, 8 months, and 0 days
on active duty.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C. On 4 Aug 10, a copy of the FBI report was
forwarded to the applicant for review and comment (Exhibit D). At
that time, he was also invited to provide information pertaining to
his post-service activities. As of this date, no response has been
received by this office.
___________________________________________________________________
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. After careful
consideration of the available evidence, we found no indication the
actions taken to effect his discharge were improper or contrary to
the provisions of the governing regulations in effect at the time,
or the actions taken against the applicant were based on factors
other than his own misconduct. In addition, in view of the
contents of the FBI Identification Record we are not persuaded that
the characterization of the applicants discharge warrants an
upgrade to honorable on the basis of clemency. Having found no
error or injustice with regard to the actions that occurred while
the applicant was a military member, we conclude that no basis
exists to grant favorable action on his request.
___________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material 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-2010-01937 in Executive Session on 15 Sep 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 May 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 4 Aug 10.
Panel Chair
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