RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04800
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His under honorable conditions (general) discharge be
upgraded to honorable.
2. He be reinstated to the rank of sergeant (Sgt)
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was young and immature.
In support of his appeal, the applicant provides a copy of his DD
Form 214, Armed Forces of the United States Report of Transfer or
Discharge.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 28 Aug 68, the applicant contracted his enlistment in the Air
Force.
On 7 Feb 72, the applicants commander notified him that he was
recommending his discharge from the Air Force for unsuitability
based on apathy and defective attitude. The reasons for the
action included disorderly conduct, failure to go, and failure to
report to work on time for which he received nonjudicial
punishment (NJP) three times, resulting in him being reduced to
the grade of airman basic (E-1). In the recommendation for
discharge the commander noted the applicant was repeatedly
counseled verbally and in writing concerning his behavior and all
attempts at rehabilitation did not produce any positive results.
The applicant acknowledged receipt of the action. An evaluation
officer was appointed who interviewed the applicant, reviewed his
records and case file, and recommended the applicant be furnished
a general discharge certificate.
On 10 Feb 72, the legal office found the case to be legally
sufficient and recommended the applicant be furnished a general
(under honorable conditions) discharge without probation and
rehabilitation.
On 14 Feb 72, the discharge authority directed the applicant be
furnished a general discharge. He was so discharged on 15 Feb 72
and was credited with 3 years, 5 months, and 23 days of active
service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C.
On 2 Apr 12, a copy of the FBI Investigative Report and a request
for post-service information was forwarded to the applicant for
review and comment within 30 days (Exhibit D). As of this date,
no response has been received by this office.
_________________________________________________________________
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 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. As for his
request for his grade of sergeant (E-4) to be restored, he has
presented no evidence whatsoever that would convince us that he
is the victim of an error or injustice in this regard. In our
view, there is no evidence to indicate the punishment was
disproportionate to the circumstances, his commander abused his
discretionary authority, or that he was denied rights to which he
was entitled. 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-2011-04800 in Executive Session on 19 Jul 12, under the
provisions of AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Dec 11, w/atch.
Exhibit B. Applicants Master Military Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, AFBCMR, dated 2 Apr 12, w/atchs.
Chair
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