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AF | BCMR | CY2012 | BC-2012-00185
Original file (BC-2012-00185.pdf) Auto-classification: Denied
DOCKET NUMBER:  BC-2012-00185 
 
COUNSEL:  NONE 
HEARING DESIRED: NO 

                       RECORD OF PROCEEDINGS 
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 
 
IN THE MATTER OF: 
   
    
 
   
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His  records  be  corrected  to  show  his  character  of  service  as 
honorable instead of general (under honorable conditions). 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He was discharged for inadaptability/unsuitability because he kept 
getting  sick  during  training  from  the  food  he  ate  at  the  chow 
hall.    His  commanding  officer  was  angry  when  the  applicant’s 
doctors  told  him  the  applicant  could  no  longer  eat  in  the  mess 
hall. 
 
In  support  of  his  appeal,  the  applicant  provides  a  copy  of  his 
DD Form  214,  Report  of  Separation  from  the  Armed  Forces  of  the 
United States. 
 
The  applicant’s  complete  submission,  with  attachment,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant began his military service on 6 Jan 54.   
 
On  25  Aug  54,  the  applicant’  commander  recommended  he  be 
administratively  discharged  for  unsuitability  in  accordance  with 
AFR  39-16.    The  reason  for  the  action  included  the  applicant’s 
repeated great emotional instability, marked nervousness, and lack 
of  physical  stamina.    It  was  also  noted  the  applicant  had  been 
directed to not consume fried foods, fatty foods, citrus juices, 
or  carbonated  or  alcoholic  drinks,  making  it  practically 
impossible for him to eat at a regular Air Force dining hall. 
 
On  25  Aug  54,  the  applicant  acknowledged  receipt  of  the  action 
and,  after  consulting  with  legal  counsel,  waived  his  right  to 
appear before a board of officers and requested he be discharged.  
The commander’s recommendation was approved on 30 Sep 54 and the 
applicant  was  furnished  a  general  (under  honorable  conditions) 

discharge on 12 Oct 54 after serving for nine months and six days 
of total active service. 
 
In  accordance  with  the  Board’s  request,  the  Federal  Bureau  of 
Investigation (FBI) provided a report indicating they were unable 
to  locate  an  arrest  record  pertaining  to  the  applicant  based  on 
the information provided. 
 
On 3 Jul 12, a request for post-service information was forwarded 
to  the  applicant  for  review  and  comment.    In  response,  the 
applicant  indicates  he  led  what  he  believes  to  be  an  exemplary 
life, raising two children who have advanced degrees in education 
who,  in  turn,  have  raised  their  children  who  are  also  pursuing 
advanced  degrees.    He  has  also  owned  a  business,  which  did 
business with the government, and he has held two carry permits.  
 
_________________________________________________________________ 
 
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  process.    Based  on  the 
available evidence of record, it appears the applicant’s (general 
under  honorable  conditions)  discharge  was  consistent  with  the 
substantive  requirements  of  the  discharge  regulation  and  within 
the discharge authority’s discretion.  He has provided no evidence 
which would lead us to believe otherwise.  We considered upgrading 
the  discharge  based  on  clemency;  however,  in  the  absence  of  any 
evidence pertaining to his activities since leaving the service, 
we  are  not  compelled  to  recommend  granting  the  relief  sought  on 
that basis.  Should the applicant submit additional documentation 
that  demonstrates  a  successful  post-service  transition,  we  would 
be inclined to reconsider his case on the basis of new evidence.  
Therefore, in the absence of evidence to the contrary, we conclude 
that  no  basis  exists  to  upgrade  the  applicant’s  general  (under 
honorable conditions) discharge. 
 
_________________________________________________________________ 
 
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 

 

2 

Panel Chair 
Member 
Member 

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-2012-00185  in  Executive  Session  on  30  Jul  12,  under  the 
provisions of AFI 36-2603: 
 
 
 
 
 
The  following  documentary  evidence  pertaining  to  AFBCMR  Docket 
Number BC-2012-00185 was considered: 
 
    Exhibit A.  DD Form 149, dated 14 Jan 12, w/atch. 
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  Letter, AFBCMR, dated 26 Jun 12, w/atch. 
    Exhibit D.  Letter, SAF/MRBR, dated 26 Jun 12. 
 
 
 
 
                                    
                                   Panel Chair 
 
 
 

 

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