RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00223
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
The applicant makes no contentions.
The applicant provided no documents in support of his appeal.
The applicant's complete submission is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 22 May 1952.
The applicant was notified by his commander of his intent to
recommend that he be discharged from the Air Force under the
provisions of AFR 39-16 (Unsuitability). The specific reason
was the applicant suffered with a nervous condition that
undoubtedly existed prior to his enlistment into the Air Force.
He was unable to carry on a normal conversation with a superior
without showing outward signs of his nervous strain. The
applicant was lacking in coordination and had very little
aptitude for drill and all other phases of basic training.
Burdened with this mental handicap, it was extremely doubtful
that he would ever be able to adjust himself to military life,
and further, that he would ever assume responsibility to any
degree of efficiency.
The applicant was advised of his rights in the matter and his
case was heard before a board of officers. The applicant chose
to appear before the board without counsel. The board
recommended discharge due to unsuitability. The discharge
authority concurred with the recommendation and directed a
general discharge. The applicant was discharged on 1 July 1952.
He served 1 month and 10 days on active duty.
________________________________________________________________
_
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, 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-2013-00223 in Executive Session on 24 October 2013,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, not dated.
Exhibit B. Applicants Available Master Personnel Records.
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