RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00418
COUNSEL:
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. He received an Article 15 for a minor infraction when a
friend tried to sell his albums without his knowledge. As a
result, when he transferred duty stations he was denied a Top
Secret security clearance.
2. He was a communications specialist and consequently was
transferred to a maintenance unit as a pavement maintenance
specialist. He states this was degrading and harsh punishment.
3. Considering the petty nature of the offense he was treated
unfairly. He was going through his military records and noticed
his discharge certificate reflected a general discharge. This
has bothered him since the time of his discharge and he did not
know he could have his discharge changed just by applying.
In support of his request, the applicant provides a personal
statement, copies of his DD Form 214, Armed Forces of the United
States Report of Transfer or Discharge; AF Form 899, Permanent
Change of Station Orders; AF Form 299, Request for Retraining
and special orders.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 5 Nov 62, the applicant enlisted in the Regular Air Force in
Air Force Specialty Code (AFSC) 291X0, which denotes Telecommunications Operations.
Due to security clearance reasons, the applicant could not
perform AFSC 291XO duties.
On 17 Mar 65, the applicant was recommended for on-the-job
retraining to AFSC 55130, which denotes Pavements Maintenance
Specialist.
On 2 Jul 65, he was discharged under the provisions of AFR 39-
17, Discharge of Airmen Because of Unfitness, with service
characterized as general (under honorable conditions). He is
credited with 2 years, 7 months and 28 days of active duty
service.
Attempts to obtain a copy of his discharge package have been
unsuccessful. Therefore, the circumstances and facts
surrounding his discharge are not available.
Pursuant to the Boards request, the Federal Bureau of
Investigation, Clarksburg, WV, states they we unable to identify
an arrest record on the basis of the information furnished
(Exhibit B).
_________________________________________________________________
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. Due to the
limited records available and based upon the presumption of
regularity in the conduct of governmental affairs, we must
assume that the applicant's discharge was proper and in
compliance with appropriate directives. We find no evidence of
error or injustice in the available records and without evidence
to support the applicant's appeal, we find no basis upon which
to favorably consider this application. Therefore, in view of
the foregoing, we conclude that no basis exists upon which to
recommend favorable action on his request. In the interest of
justice, 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 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 Docket Number
BC-2011-00418 in Executive Session on 15 Nov 12, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Forms 149, dated 2 Feb 11 and 26 Mar 12,
w/atchs.
Exhibit B. Negative FBI Report, dated 13 Apr 12.
Panel Chair
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