AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00156
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. He was foolish, immature, developed a poor work ethic and
drank excessively. He is sorry and apologizes for the actions
that led to his discharge.
2. He is 65 years old, disabled, and just wants to clear his
military record.
The applicant did not provide any documentation in support of
his request.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 7 Jun 65, the applicant entered the Regular Air Force.
On 28 Aug 67, the applicant was evaluated and diagnosed with
having an emotional unstable personality, passive-aggressive
type, manifested by an inability to tolerate stress, frustration
or the demands of society.
On 5 Sep 67, the applicant was notified of his commander’s
intent to recommend he be discharged from the Air Force under
the provisions of AFR 39-12, Separation for Unsuitability,
Unfitness, Misconduct, Resignation, or Request for Discharge for
the Good of the Service and Procedures for the Rehabilitation
Program, for character and behavior disorder, apathy, defective
attitudes and inability to expend effort constructively. The
reasons for the proposed action were:
1). He received 13 letters of counseling for failure to report
to work on time.
2). He received four Article 15s, Uniform Code of Military
Justice (UCMJ) for failure to repair.
On 5 Sep 67, the applicant acknowledged receipt of the discharge
notification.
On 12 Sep 67, the applicant was interviewed by the evaluation
officer and elected to waive his right to submit a statement on
his own behalf.
On 13 Sep 67, the evaluation officer recommended to the Air Base
Group Commander that the applicant be discharged and issued a
general discharge. On 18 Sep 67, the discharge authority
approved the applicant’s discharge under the provisions of, AFR
39-12. On 22 Sep 67, the applicant was discharged from the Air
Force with a general (under honorable conditions) discharge,
without probation and rehabilitation. He served 2 years,
4 months and 16 days of total active service.
Pursuant to the Board’s request, the Federal Bureau of
Investigations (FBI), Clarksburg, WV, provided a copy of an
Investigative Report (Exhibit C).
On 22 May 12, a copy of the Investigative Report was forwarded
to the applicant for response within 30 days. As of this date,
no response has been received by this office (Exhibit D).
_________________________________________________________________
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. In the interest of
justice, we considered upgrading the discharge based on
clemency; however, based on the contents in his FBI Report, we
2
are not inclined 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 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 Docket Number
BC-2012-00156 in Executive Session on 18 Jul 12, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Dec 11.
Exhibit B. Applicant's Master Personnel Records.
Exhibit D. Letter, SAF/MRBC, dated 22 May 12.
Exhibit C. FBI Report of Investigation, dated 28 Feb 12.
Panel Chair
3
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