RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00630
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has become a stellar citizen since serving in the Air Force.
He would like his records reviewed in hope of getting his
discharge upgraded. He completed his General Education Diploma
(GED) in 1971; he graduated with his first Bachelor of Science
Degree in Business Administration and a second Bachelor of
Science Degree in Petroleum Land Management. He is not arguing
the fact that he was late for duty on numerous occasions;
however, he had extenuating family issues such as his father not
recognizing him, and becoming a husband and father at a young
age. His father was diagnosed with colon cancer in Nov 72; he
was devastated because his father was his best friend. He is the
eldest of eight siblings who looked to him for guidance and
leadership. He believes he was immature and not ready to be the
role model that his siblings were looking for. He receives all
benefits as a veteran with his general discharge, except for
being allowed to wear the Air Force uniform and burial
priviledges at a military cemetery. He is 60 years old now and
would like to frame an honorable discharge certificate on his
wall for his children and grandchildren to see.
In support of his request, the applicant provides a personal
statement.
His complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 4 Jun 71.
His commander recommended him for discharge under the provisions
of AFM 39-12, Chapter 2, Section B, paragraph 2-15a. The
specific reasons for his discharge were for failure to repair on
several occasions, for using disrespectful language to a superior
noncommissioned officer, and for leaving his room in a filthy
condition. The applicant received four Article 15s and a Letter
of Reprimand for his actions. After a legal review, the staff
judge advocate found the case legally sufficient. The applicant
received a general discharge on 5 Jun 74 after serving 3 years
and 2 days on active duty.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C. On 2 Jun 11, a copy of the FBI report was
forwarded to the applicant for review and comment within 30 days.
As of this date, no response has been received by this office.
On 2 Jun 11, a request for information pertaining to his post-
service activities was forwarded to the applicant for response
within 30 days.
_________________________________________________________________
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. It appears the
applicant is requesting upgrade of his discharge on the basis of
clemency due to the passage of time. While we commend his
efforts since leaving service and his apparent post-service
adjustment, we believe the general discharge he currently has is
the most appropriate characterization of his service and properly
reflects the circumstances of his discharge. As such, we do not
find that clemency is warranted. Based on the foregoing, we
find no basis to recommend granting the relief sought in this
application.
_________________________________________________________________
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-2011-00630 in Executive Session on 7 Jul 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Feb 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 2 Jun 11.
Panel Chair
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