RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04330
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His character of service be upgraded from general (under
honorable conditions) to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged solely because he refused to reenlist. He
received a separation code of 488 unsuitability. He did not
receive any disciplinary actions or non-judicial punishment while
he was in the military. He believes there is nothing in his
records to support unsuitability for service, nor does it support
any service characterization other than honorable.
In support of his request, the applicant provides a cover letter
and a copy of his DD Form 214, Armed Forces of the United States
Report of Transfer or Discharge.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 6 Dec 55.
The applicant was notified by his commander that he was
recommending he be discharged from the Air Force under the
provisions of AFR 39-17, para 4d. The specific reasons for this
action were his showing no interest in his work, and for
continually being late for duty and shirking his duties; for
making little progress in his upgrade training and for failing a
training course. The applicant elected to waive his right to an
administrative discharge board hearing and waived his right to
submit matters in his own behalf. The applicant was recommended
for an undesirable discharge; however, on 1 Sep 59, he was
discharged with a general (UHC). He served 3 years, 8 months,
and 26 days on active duty.
Pursuant to the Board's request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, was unable to identify
an arrest record on the basis of information furnished.
Attached at Exhibit C is a memorandum prepared by the Air Force
Review Boards Agency Legal Advisor addressing the issue of
characterization of service and how standards have changed since
1959.
_________________________________________________________________
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 his service was contrary to the
provisions of the governing regulation, unduly harsh, or
disproportionate to the offenses committed. We considered
upgrading the discharge based on clemency; however, we do not
find the evidence presented is sufficient to recommend granting
the relief sought on that basis. Therefore, in the absence of
evidence to the contrary, we find no basis upon which to
recommend granting the relief sought.
_________________________________________________________________
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 this application in
Executive Session on 26 May 11, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Nov 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRB Legal Advisor, dated 17 Apr 07.
Panel Chair
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