AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00845
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He does not feel he deserves the character of discharge he was
given. While in the service he was given very little training if
any and was never counseled regarding his performance.
In support of the applicant’s request, he submits a personal
statement and documents extracted from his military personnel
records.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 25 September
1961.
The applicant was notified by his commander of his intent to
recommend his discharge from the Air Force under the provisions
of AFR 39-16. The specific reasons follow:
a. The applicant had knowledge of a lawful order not to park
or stop a vehicle within 50 feet from an aircraft, an order which
it was his duty to obey, he did fail to obey on 18 February 1963.
For this misconduct he received punishment under the Uniform Code
of Military Justice, Article 15.
b. On 19 April 1963, the applicant failed to repair to his
place of duty. For this misconduct he received a summary court-
martial.
He was advised of his rights in this matter. The discharge
authority concurred with the recommendation and directed a
general (under honorable conditions) discharge. The applicant
was discharged on 24 May 1963. He served 1 year and 8 months on
active duty.
Pursuant to the Board's request, the Federal Bureau of
Investigation (FBI), Clarksburg, West Virginia, was unable to
identify with an arrest record on the basis of information
furnished.
_________________________________________________________________
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, we do not find the evidence presented is sufficient 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 the evidence presented did not
demonstrate the existence of an 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.
_________________________________________________________________
2
The following members of the Board considered AFBCMR Docket
Number BC-2012-00845 in Executive Session on 20 September 2012,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-00845 was considered:
Exhibit A. DD Form 149, dated 27 February 2012, w/atch.
Exhibit B. Applicant’s Master Personnel Record.
3
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