RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03489
COUNSEL:
HEARING DESIRED: YES
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
During his time in the service, he was an excellent airman. The
general discharge he received ruined his life. During his
discharge processing, he feels that he was forced to sign the
paperwork for a general discharge.
In support of the applicants appeal, he provides 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 1 July 1963.
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. Specifically, the commander stated the applicant
had an immature personality manifested by juvenile reaction to
stress, mild to moderate, insubordination, poor judgment,
apparently precipitated by the average stresses of Air Force
duties. He continually defiled military authority. He did not
keep his tool box in the designated area, conform to safety
directives, or maintain the standards desired of an airman for
military bearing. On 26 February 1965, the applicant was
arrested by police officials in El Dorado, Kansas, and charged
with disturbing the peace and resisting arrest.
He was advised of his rights in the matter and elected not to
submit a statement on his own behalf.
An evaluation officer reviewed the case and recommended the
applicant be discharged with service characterized as general.
The discharge authority concurred with the recommendation and
directed a general (under honorable conditions) discharge. The
applicant was discharged on 26 March 1965. He served 1 year,
8 months, and 26 days on active duty.
On 6 March 2014, a request for information pertaining to his
post-service activities was forwarded to the applicant for
review and response within 30 days (Exhibit C). As of this
date, no response has been received by this office.
________________________________________________________________
_
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 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, based on the evidence before us, we find no
basis to grant clemency at this time. Therefore, in the absence
of evidence to the contrary, we find no basis upon which to
recommend granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
_
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.
________________________________________________________________
_
The following members of the Board considered AFBCMR Docket
Number BC-2013-03489 in Executive Session on 10 April 2014,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 July 2013, w/atchs.
Exhibit B. DD Form 214, DD Form 75 and Discharge Package.
Exhibit C. Letter, AFBCMR, dated 6 March 2014.
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