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
3
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