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 applicants 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 commanders
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
applicants post-service activities, there is no way for us to
determine if the applicants 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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