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AF | BCMR | CY2011 | BC-2011-01890
Original file (BC-2011-01890.txt) Auto-classification: Denied
 

 RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01890 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His general (under honorable conditions) discharge be upgraded 
to honorable. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He believes his discharge characterization is unjust. He is 
72 years old; collecting social security benefits and 
desperately needs his discharge upgraded, so that he and his 
family can take advantage of insurance discounts through the 
United Services Automobile Association (USAA). 

 

He has several medical conditions and spends hundreds of dollars 
on prescription drugs every month. He notes that his crime was 
not of a dangerous nature and believes that his commanding 
officer was prejudiced and just had it in for him. 

 

The applicant’s complete submission is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 4 Sep 56 for 
a period of four years. 

 

On 17 Mar 60, the squadron commander notified the applicant of 
administrative discharge action for unfitness – frequent 
involvement of a discreditable nature with military authorities. 
The specific reasons for the proposed action were based on two 
Summary Courts-Martial for (1) wrongful appropriation of baby 
food, valued at $9.60 and (2) for leaving his appointed place of 
duty without proper authority and being disrespectful in 
language toward a non-commissioned officer (NCO). 

 

After consulting with counsel, he waived his right to an 
administrative hearing by a board of officers and he further 
acknowledged that he understood if his application was approved, 
his separation could be under conditions other than honorable, 


he could receive an undesirable discharge, and that this may 
deprive him of rights as a veteran under both federal and state 
legislation. The staff judge advocate found the case file 
legally sufficient and the discharge authority approved the 
general discharge. 

 

The applicant was discharged under the provisions of AFM 39-17, Discharge of Airmen Because of Unfitness, on 6 May 60, with 
service characterized as undesirable. He was credited with 
3 years, 7 months and 10 days of active duty service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation, Clarksburg, West Virginia, provided an 
investigative report which is attached at Exhibit C. 

 

On 6 Sep 11, a copy of the FBI report was forwarded to the 
applicant for comment. At that time, he was also invited to 
provide additional evidence pertaining to his activities since 
leaving the service (Exhibit D). 

 

In his statement, the applicant explains the circumstances of 
his prior service; his accomplishments after leaving the 
service, and why he believes his discharge should be upgraded 
based on clemency. 

 

He has reared a family, worked hard and even though he had some 
problems with an ex-wife, he has become a model citizen. 
Because of his medical conditions, he does not have much longer 
to live and would like to get insurance through USAA to help 
with the high cost of insurance. 

 

The applicant provided an additional response reiterating his 
original contentions. 

 

The applicant’s complete response, with attachment, is 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 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 during the discharge process. 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 the service was contrary to the 
provisions of the governing regulation, unduly harsh, or 
disproportionate to the offenses committed. We considered the 
evidence submitted in support of the applicant’s request for 
clemency; however, considering his overall record of service, 
the seriousness of the offenses which led to his administrative 
separation, and the content of the FBI Report of Investigation, 
we are not persuaded that an upgrade of the characterization of 
his discharge is warranted based on clemency. 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-2011-01890 in Executive Session on 3 November 2011 and 
12 December 2011, under the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 19 May 11. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report of Investigation. 

 Exhibit D. Letter, AFBCMR, dated 6 Sep 11, w/atchs. 

 Exhibit E. Letter, Applicant, dated, 12 Sep 11, w/atch. 

 

 

 

 

 Panel Chair 

 

 



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