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AF | BCMR | CY2013 | BC-2012-02693
Original file (BC-2012-02693.pdf) Auto-classification: Denied
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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