RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04282
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was told his discharge would be upgraded after six months. He
had forgotten to change it and now that he is older, he would
like his discharge characterization changed.
In support of his request, the applicant provides a copy of his
DD Form 293, Application for the Review of Discharge from the
Armed Forces of the United States.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 21 October 1968, the applicant enlisted in the Regular Air
Force and was progressively promoted to the grade of senior
airman.
On 11 February 1970, the applicant was notified by his commander
that he was recommending he be discharged 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. The
specific reasons for this action were: 1) He received two Article
15s for being absent without authority (AWOL) and writing a bad
check; 2) He received a Vacation of Suspension for being
disorderly in station; 3) He received four counselings for
disorderliness in the barrack, AWOL, failure to police-up,
creating a fire hazard, and unauthorized entrance into the
noncommissioned officers (NCO) club.
The applicant acknowledged receipt of the notification of
discharge, received advice from a military defense attorney. On
25 February 1970, the discharge authority determined that a
general (under honorable conditions) discharge was appropriate in
light of the applicants overall military record.
On 5 March 1970, the applicant was discharged with a general
(under honorable conditions) discharge after completing a period
of 1 year, 4 months and 13 days 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 19 January 2011, 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 and no 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.
________________________________________________________________
THE BOARD DETERMINED 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-2010-04282 in Executive Session on 24 February 2011,
under the provisions of AFI 36-2603:
Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Nov 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Response, dated 20 Dec 10.
Exhibit D. Letter, AFBCMR, dated 19 Jan 11.
Panel Chair
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