RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00667
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
APPLICANT CONTENDS THAT:
His civilian record and accomplishments warrant an upgrade to
honorable discharge. He recently retired with almost 28 years
of service as an airline pilot. He was an airline captain with
Evergreen Airlines and participated in the Civil Reserve
Aircraft Fleet and flew hundreds of missions in support of
Operations DESERT SHIELD, DESERT STORM, IRAQI FREEDOM, and
ENDURING FREEDOM.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
12 March 1970.
On 16 August 1972, the applicants commander notified him of his
intent to recommend his discharge for Unsuitability, under the
provisions of AFM 39-12, Chapter 2, Section A, Paragraph 2-4b.
The reasons for the action are as follows:
a. On 3 August 1972, the applicant was derelict in the
performance of his duties in that he failed to prepare a lesson
plan for a fifteen minute lecture as it was his duty to do so.
For this action, he received an Article 15, with punishment
consisting of reduction to the grade of airman first class,
which was suspended for six months unless it was further
vacated.
b. The Psychiatric Evaluation by the Mental Health Clinic
stated the applicant had a Character and Behavior Disorder which
was best classified as passive-dependent personality,
manifested by lack of maturity; fear of teaching; fear of
leaving states and being separated from his family.
On 17 August 1972, the applicant was counselled by the Special
Action Unit of the Consolidated Base Personnel Office in regard
to volunteering for the on-base rehabilitation program
authorized by chapter 4, AFM 39-12 and or the rehabilitation in
the centralized rehabilitation facility. He did not desire to
volunteer for the base rehabilitation program by statement,
dated 17 August 1972.
On 17 August 1972, the applicant was notified he may present his
case before an administrative discharge board, be represented by
counsel, and submit statements on his own behalf. The applicant
waived his right to a hearing and did submit a statement on his
behalf.
On 1 September 1972, the applicant was furnished a general
discharge, and was credited with 2 years, 5 months, and 20 days
of active service.
On 28 April 2014, a request for post-service information was
forwarded to the applicant for review and comment within 30
days. In response, the applicant provided a character reference
letter and a copy of his FBI Report (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 an error or injustice. We took
notice of the applicant's complete submission, to include his
rebuttal response, 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 for us to
conclude that the applicants post-service activities warrant a
recommendation to upgrade his discharge to fully honorable.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the relief sought.
4. The applicants 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 material 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-2014-00667 in Executive Session on 2 December 2014,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 28 Apr 14.
Exhibit D. Letter, Applicant, dated 7 Jul 14, w/atchs.
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