RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02344
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He served his country honorably for nineteen months.
In support of his appeal, the applicant provides a copy of his DD
Form 214, Armed Forces of the United States Report of Transfer or
Discharge, and two Airman Performance Reports.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
entered active duty on 13 February 1963 and was promoted to the
grade of airman third class (E-2) with a date of rank of
10 February 1964.
On 10 November 1964, the applicant was notified that his
commander was recommending him for a general discharge for
conduct which resulted in the applicant receiving Article 15,
Uniform Code of Military Justice (UCMJ), punishment for assault;
two incidents of failure to obey a lawful order; failure to
repair; rejecting counseling and rehabilitation efforts, and
displaying neither desire or interest in conforming to military
life.
On 12 November 1964, an appointed Evaluation Officer (EO)
recommended the applicant be discharged under the provisions of
Air Force Regulation 39-16 with a general discharge. The EO
noted the applicant elected not to submit additional data in his
behalf. The commander approved the recommended discharge and
directed the applicant be issued a General Discharge Certificate.
On 12 November 1964, the applicant was discharged from active
duty with a general (under honorable conditions) discharge. He
served one year and nine months on active duty.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI), Clarksburg, WV, provided a copy of an
Investigation Report (Exhibit C).
On 26 August 2010, the applicant was given an opportunity to
submit comments about his post service activities and in response
to the FBI Report (Exhibit D). As of this date, this office has
received no response.
_________________________________________________________________
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. Furthermore, we do
not find clemency is appropriate in this case since the applicant
has not provided any evidence concerning his post-service
activities. Based on the foregoing, we find no basis to
recommend granting the relief sought in this application.
________________________________________________________________
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-2010-02344 in Executive Session on 24 March 2011, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-02344 was considered:
Exhibit A. DD Form 149, dated 23 Jun 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 26 Aug 10.
Panel Chair
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