RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03881
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) character of service be
upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
The reason for his early discharge was based on his inability to
pass exams. During the time he was attending school, he had to
have surgery due to trauma to his upper jaw area. He was in
severe pain and was not able to concentrate effectively.
Since his discharge in 1958, he has always wanted to have an
honorable character of service.
In support of his appeal, the applicant provides a personal
statement and documents from his military personnel record,
including his DD Form 214, Report of Transfer or Discharge,
issued in conjunction with his 23 May 58 separation.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant reenlisted in the Regular Air Force on 13 Nov 57
for a period of four years.
On 30 Apr 58, the commander initiated administrative discharge
action against the applicant by reason of inaptness. The
reasons for the proposed action were based on the applicants
failure to make satisfactory progress in a required training
program. He was eliminated from the Munitions Specialist
training course for unsatisfactory performance after failing the
first phase test and the basic military training final written
exam three times. Prior to disenrollment, the applicant was
counseled concerning his performance, by the branch supervisors
and instructors. Efforts to improve his performance were met
with negative results. On that same date, the applicant waived
his right to a hearing by a board of officers. The discharge
authority directed discharge under honorable conditions,
general.
On 23 May 58, the applicant was discharged under the provisions
of AFR 39-16, by reason of unsuitability, with service
characterized as general (under honorable conditions). He was
credited with 6 months and 11 day of active duty service.
Pursuant to the Boards request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, indicated based on
data furnished; they are unable to locate an arrest record.
________________________________________________________________
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 during the discharge process. 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. We also note that
based on the circumstances of the applicants separation and his
short period of service, less than 180 days, under todays
standards he most likely would receive an entry level separation
with uncharacterized service and would not qualify for an
honorable discharge. As such, we find no basis to upgrade his
discharge as requested. Additionally, it appears the
applicants current character of service may entitle him to
greater benefits than he would receive if discharged under
todays standards. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting his request.
________________________________________________________________
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-2010-03881 in Executive Session on 7 July 2011, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Sep 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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