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AF | BCMR | CY2012 | BC-2012-02186
Original file (BC-2012-02186.pdf) Auto-classification: Denied
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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