RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00039
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
His general (under honorable conditions) discharge was not based
on a court-martial, but on the decision from his new commanding
officer. His commander made it clear that he wanted him out of
the Air Force. His commander stated his discharge would be
honorable, however, it did not turn out that way.
In support of his request, the applicant provides a copy of his
DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge, a personal statement, and Headquarters,
28th Bombardment Wing, Special Order A-524.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 11 February 1959, the applicant enlisted in the Regular Air
Force.
Between February and September 1961, the applicant was counseled
six times; three for failing to report for duty on time, once
for failing to keep his room in inspection order, and twice for
failing to report for duty. His punishment consisted of extra
training in the squadron area
On 18 July 1961, the applicant received a summary court-martial
for two violations of Article 86, Uniform Code of Military
Justice (UCMJ); for failing to go to his appointed place of
duty. He was sentenced to confinement with hard labor for
30 days, forfeiture of $70, and reduced in grade to airman
basic.
On 1 September 1961, the applicant received a summary court-
martial for violation of Article 86, UCMJ; for failing to go to
his appointed place of duty. He was sentenced to forfeiture of
$50.
On 10 September 1961, the applicant was notified of his
commanders intent to recommend that he be discharged from the
Air Force under the provisions of AFR 39-16, Discharge for
Unsuitability, for apathy and character and behavior disorders
The applicant acknowledged receipt of the notification, was
interviewed by the evaluation officer and elected to waive his
right to submit a statement on his own behalf.
On 28 September 1961, the evaluation officer recommended to the
Combat Support Group Commander that the applicant be discharged
and issued a general discharge. On 2 October 1961, the
discharge authority approved the applicants discharge under the
provisions of section B, AFR 39-16. On 4 October 1961, the
applicant was discharged from the Air Force with a general
(under honorable conditions) discharge in the grade of airman
basic. He served 2 years, 6 months and 13 days of total active
service.
Pursuant to the Boards request, the Federal Bureau of
Investigations (FBI), Clarksburg, WV, provided a copy of an
Investigative Report (Exhibit C).
On 12 May 2011, a copy of the Investigative Report 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. After careful
consideration of the available evidence, we found no indication
the action taken to affect his discharge and the
characterization of service were improper, contrary to the
provisions of the governing regulations in effect at the time,
or based on factors other than his own behavior and inability to
comply with standards. In addition, we find insufficient
evidence to warrant a recommendation that the discharge be
upgraded on the basis of clemency. We have considered the
applicants overall record of service, the events which
precipitated the discharge, and the contents of the FBI reports,
however, we do not find the evidence presented is sufficient to
compel us 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 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-2011-00039 in Executive Session on 21 June 2011, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 December 2010, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigation, dated 4 April 2011.
Exhibit D. AFBCMR, Letter, dated 12 May 2011.
Panel Chair
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