RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
DOCKET NUMBER: BC-2012-02186
IN THE MATTER OF:
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge be upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge was based on a hardship and should be considered
honorable.
The applicant provides no documents in support of his request.
His complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 7 Feb 1956, the applicant enlisted in the Regular Air Force.
On 4 Sep 1957, his commander notified him he was recommending he
be discharged under the provisions of AFR 39-16, Discharge for
Unsuitability. The reason for this action was his unsuitability
and inadaptability to absorb needed training made him a burden
on the Air Force.
On 13 Sep 1957, an Evaluation Officer advised him of the
recommended action being taken. The applicant declined to take
any rebuttal action.
On 19 Sep 1957, the applicant was discharged from the Air Force,
with a general discharge. He served two years and six days of
total active service.
Pursuant to the Board’s request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report
(Exhibit C).
On 31 Oct 2012, a copy of the FBI report 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.
________________________________________________________________
2
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. 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. In the interest of justice, we considered
upgrading the discharge based on clemency; however, based on the
contents of his FBI Report we do not find the evidence presented
is sufficient to compel us 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 in this application.
________________________________________________________________
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 this application
in Executive Session on 29 Nov 2012, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
2
The following documentary evidence was considered in AFBCMR BC-
2012-02186:
Exhibit A. DD Form 149, dated 17 May 2012.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 9 Aug 2012.
Exhibit D. Letter, AFBCMR, dated 31 Oct 2012.
Panel Chair
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