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Decision Text

AF | BCMR | CY2011 | BC-2011-01713
Original file (BC-2011-01713.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01713 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His undesirable discharge be upgraded. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He believes his discharge should be upgraded because he was sent 
on temporary duty to Guantanamo Bay for weeks until his ankles 
swelled up approximately four times their original size. He was 
taken to the hospital, his wife was four months pregnant and he 
had not seen her for over six months. He was mentally inadequate 
and unable to make sound decisions at that time. He was young 
and never realized how the undesirable discharge would affect his 
life. He hopes that with God’s help and consideration by the 
Board, corrections will be made. He notes he has not had any 
infractions for over 40 years. 

 

In support of his request, the applicant provides a copy of his 
Veteran’s Identification. 

 

His complete submission, with attachment, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted into the Regular Air Force on 9 Aug 49. 
The applicant was notified by his commander that he was 
recommending him for discharge from the Air Force under the 
provisions of AFM 39-17, Unfitness. The specific reason for this 
action was for Driving a government vehicle without a license; 
for failing to police living quarters, for being late for 
formation, for failing to carry out assigned duty, for failing to 
repair, and for being absent without leave (AWOL) on two 
occasions. After a legal review of the case, the staff judge 
advocate found it legally sufficient. The applicant received an 
undesirable discharge after serving 1 year, 9 months, and 2 days 
on active duty. 

 


The Air Force Discharge Review Board (AFDRB) reviewed the 
applicant’s request for an upgrade to his discharge on 28 Sep 54; 
however, the AFDRB denied his request. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an Investigative Report, 
which is at Exhibit C. On 1 Aug 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 1 Aug 11, a request for information pertaining to his post-
service activities was forwarded to the applicant for response 
within 30 days. In response to our request, the applicant 
provided post-service information, which is attached at Exhibit 
E. 

 

_________________________________________________________________ 

 

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 probable error or injustice. After 
careful consideration of the available evidence, we found no 
indication the actions taken to effect his discharge were 
improper or contrary to the provisions of the governing 
regulations in effect at the time, or the actions taken against 
the applicant were based on factors other than his own 
misconduct. In addition, in view of the contents of the FBI 
Identification Record we are not persuaded that the 
characterization of the applicant’s discharge warrants an upgrade 
to honorable on the basis of clemency. Having found no error or 
injustice with regard to the actions that occurred while the 
applicant was a military member, we conclude that no basis exists 
to grant favorable action on his request. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue involved. 
Therefore, the request for a hearing is not favorably considered. 

 

_________________________________________________________________ 

 

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-2011-01713 in Executive Session on 8 Sep 11, under the 
provisions of AFI 36-2603: 

 

 , Vice Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 16 Apr 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFBCMR, dated 1 Aug 11, w/atchs. 

 Exhibit E. Letter, Applicant, dated 14 Aug 11, w/atchs. 

 

 

 

 

 VICE CHAIR 

 



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