RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03700
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable or medical.
________________________________________________________________
APPLICANT CONTENDS THAT:
He is requesting a change in his discharge due to his service
connected medical issues acquired while he was on active duty.
He did not fully understand why he was being discharged and how
it would affect his Department of Veterans Affairs benefits.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 7 Jan 1963, the applicant enlisted in the Regular Air Force.
On 16 Dec 1965, his commander notified him he was recommending
he be discharged under the provisions of AFR 39-16, Discharge
for Unsuitability. The specific reasons for his action are
reflected in the Notification Memorandum at Exhibit B.
On 14 Jan 1966, the applicant was discharged from the Air Force,
with service characterized as general (under honorable
conditions). He served three years and eight days of total
active service.
On 17 Jan 2013, a request for post-service information was
forwarded to the applicant for review and comment within 30 days
(Exhibit C).
On 5 Apr 2013, the applicants brother provided an account of
the applicants positive attributes during his late teenage
years and the significant character changes in his present day
life. His brother takes numerous prescription medications for
extensive medical problems and depends on his wife to oversee
his personal affairs.
His complete response, with attachment, is at Exhibit D.
________________________________________________________________
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; including his brothers response to the post-service
request. 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. Moreover, there has
been no showing that he had an unfitting medical condition that
would have required his processing through the Military
Disability Evaluation System a prerequisite to a medical
discharge. In the interest of justice, we considered upgrading
the discharge based on clemency; however, 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 30 Apr 2013, under the provisions of AFI
36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered in AFBCMR BC-
2012-03700:
Exhibit A. DD Form 149, dated 23 Jul 2012.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 17 Jan 2013, w/atch.
Exhibit D. Letter, Applicants Brother, dated 5 Apr 2013,
w/atch.
Panel Chair
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