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AF | BCMR | CY2011 | BC-2011-02114
Original file (BC-2011-02114.txt) Auto-classification: Denied
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 applicant’s 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 applicant’s 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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