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Decision Text

AF | BCMR | CY2014 | BC 2014 01322
Original file (BC 2014 01322.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01322

					COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded 
to honorable.


APPLICANT CONTENDS THAT:

He did not commit any crime nor did he do anything wrong.  He 
does not feel he was an undesirable airman.  He was unable to 
pay the bills his ex-wife had charged.  He is a member of the 
American Legion in his community and the director of the 
American Legion Riders, in addition to being a member of the 
American Vets and belongs to the Patriot Guard.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
30 Aug 60.  

On 12 Oct 64, the applicant was notified by his commander of his 
intent to recommend his discharge for “unfitness” under the 
provisions of AFR 39-17, Paragraph 4e(2).  The reasons for the 
action included an established pattern of financial 
irresponsibility not involving “a dishonorable failure to pay 
just debts.”  

On 12 Oct 64, the applicant acknowledged receipt of the action 
and waived his right to appear before an administrative 
discharge board and to submit statements or a rebuttal in his 
own behalf. 

On 16 Oct 64, the discharge authority approved the commander’s 
recommendation and directed the applicant be furnished a general 
(under honorable conditions) discharge.

On 2 Nov 64, the applicant was furnished a general (under 
honorable conditions) discharge and was credited with 4 years, 
2 months, and 27 days of active service.   

On 30 Oct 14, a request for post-service information was 
forwarded to the applicant for review and comment within 
30 days.  As of this date, no response has been received by this 
office (Exhibit C).


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, in the absence of any evidence related to the 
applicant’s post-service activities, there is no way for us to 
determine if the applicant’s accomplishments since leaving the 
service are sufficiently meritorious to overcome the misconduct 
for which he was discharged.  Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief sought. 


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-2014-01322 in Executive Session on 18 Dec 14, under 
the provisions of AFI 36-2603:

	

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 28 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 30 Oct 14.

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