RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02599
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
There was no error at the time of his discharge; however, he is
retired now and would like his discharge upgraded before he dies.
He was 14 years old at the time he enlisted in 1952, but was
discharged in 1954 for fraudulent investment. He served his
country honorably while on active duty.
In support of his request, the applicant provides a copy of his
DD Form 214, Report of Separation from the Armed Forces of the
United States, and a copy of his Certificate of Birth.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 4 Aug 52.
According to the applicants military records, he was also known
as Anthony C. Gusick. The applicant was notified by his
commander that he was recommending him for discharge from the Air
Force under the provisions of AFR 39-17. The specific reasons
for this action were for not showing any progress in attitude or
efficiency, for dereliction of duty, for damaging a motor scooter
and for firing a weapon in an unauthorized situation and at an
unauthorized time, for breaking a stop light glass, for failing
to report for duty and for being late to work on several
occasions. He was summary court-martialed; reduced in grade to
airman basic; given extra duty and compelled to pay damages; and
given a verbal reprimand. The applicant received a general
discharge after serving 2 years, and 19 days on active duty.
The Air Force Discharge Review Board (AFDRB) reviewed the
applicants request for an upgrade to his discharge on 2 Dec 56;
however, the AFDRB stated no further consideration could be given
by the AFDRB. The applicant was directed to appeal to the Air
Force Board for Correction of Military Records.
Pursuant to the Board's request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, was unable to identify
an arrest record.
_________________________________________________________________
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. 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. We considered
upgrading the discharge based on clemency; however, we do not
find the evidence presented is sufficient to recommend granting
the relief sought on that basis. 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.
_________________________________________________________________
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-2011-02599 in Executive Session on 20 Oct 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-02599 was considered:
Exhibit A. DD Form 149, dated 8 Jul 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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