AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-02693
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
__________________
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was young, immature, and unaware of the consequences of his
conduct at the time of his discharge.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
entered active duty on 4 March 1963. He was progressively
promoted to the grade of airman third class (E-2).
The applicant received two Letters of Counseling and two Article
15s between 1 August 1964 and 5 November 1964. As a result of
his Article 15 punishments he received reduction to the grade of
airman basic (E-1), 30 days Correctional Custody and forfeiture
of $41 pay per month for two months.
On 17 November 1964, the applicant was notified of his
commander’s intent to recommend him for an undesirable discharge
under the provisions of Air Force Regulation 39-17, paragraph 8c,
Discharge of Airman Because of Unfitness, for a pattern of
shirking his duties and his defective attitude towards personal
and military responsibilities.
A discharge board was convened on 15 January 1965 to determine
the fitness of the applicant and his retention in the Air Force.
The applicant was present with counsel. The board found the
applicant had demonstrated apathy, defective attitude, and a lack
of general adaptability within the meaning of paragraphs 4a and
4c of Air Force Regulation 39-16, and recommended he be
discharged with a general characterization of service because of
unsuitability. On 18 February 1965, following a legal review,
the discharge authority approved the board’s findings and
recommendation and directed the applicant be discharged with a
General Discharge Certificate.
The applicant was discharged from active duty in the grade of
airman basic (E-1) effective 10 March 1965 with a general (under
honorable conditions) discharge.
Pursuant to the Board’s request, the Federal Bureau of
Investigation (FBI), Clarksburg, WV, provided a copy of an
Investigation Report (Exhibit C).
On 24 January 2013, the applicant was given an opportunity to
submit comments about his post service activities and in response
to the FBI Report (Exhibit D). In response, the applicant
provided a personal statement, two character references, and a
copy of a Commander’s Achievement Award citation.
_________________________________________________________________
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
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
________________________________________________________________
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
2
submission of newly discovered relevant evidence not considered
with this application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-02693 in Executive Session on 14 March 2013, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-012693 was considered:
Exhibit A. DD Form 149, dated 28 May 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 24 Jan 13, w/atchs.
Exhibit E. Letter, Applicant, not dated, w/atchs.
, Vice Chair
, Member
, Member
Vice Chair
3
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