RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02114
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was a sick young man involved with drugs. He was told after
leaving military service that undesirable discharges were given
to gay people. He is not and has never been gay, but has carried
this stigma for 55 years.
In support of his request, the applicant provides a personal
statement and two character references.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 30 Sep 52, the applicant contracted his enlistment in the
Regular Air Force.
On 1 Jul 55, the applicants commander recommended that he be
discharged from the Air Force for antisocial personality disorder
and drug addiction. The specific reasons for the discharge
action were the applicants repeated instances of misconduct and
illegal use of Benzedrine and marijuana.
His commander advised him of his rights in this matter. On
9 Aug 55, the applicant acknowledged the recommendation for
discharge and his right to a discharge board. After consulting
with legal counsel, he waived his right to discharge board
hearing.
On 5 Oct 55, the applicant was discharged with an undesirable
discharge. He was credited with two years, eight months, and six
days of active service.
_________________________________________________________________
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 an 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. 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
upgrading the discharge based on clemency; 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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2011-02114 in Executive Session on 9 Feb 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-02114 was considered:
Exhibit A. DD Form 149, dated 9 May 11, w/atchs.
Exhibit B. Applicant's Master Military Personnel Records.
Panel Chair
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