RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02638
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
APPLICANT CONTENDS THAT:
He didnt realize that under honorable conditions was not the
same as honorable. His time in the Air Force was stellar. He
had no infractions what-so-ever while in the military. Ever
since his discharge he has never done anything wrong, not even a
parking ticket. He worked as a government inspector, traveling
all over the United States for the Department of Defense.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
27 Dec 60.
On 25 Mar 64, the applicant's commander notified him of his
intent to recommend his discharge for unfitness under AFR 39-17.
The reason for the action included the following:
a. On 5 Jan 63, the applicant was cited for speeding. For
this offense, he received an administrative reprimand,
suspension of on-base driving privileges for two months, and
placement on the Airmans control roster.
b. On 5 May 63, the applicant was cited for speeding. For
this offense he was fined $30 under Article 15, Uniformed Code
of Military Justice (UCMJ), assessed four points against his
base driving record, and his on-base driving privileges were
suspended for one year.
c. On 21 Sep 63, the applicant was cited for being drunk
in public. For this offense he was fined $22 and given an
administrative admonishment.
d. On 16 Jan 64, the applicant was cited for speeding.
For this he was fined $15, given an administrative reprimand and
assessed two points against his driving record.
e. On 5 Mar 64, the applicant was involved in a fatal
injury dual vehicle accident. The final disposition was still
pending at the time of the discharge recommendation.
On 25 Mar 64, the applicant acknowledged receipt of the action
and waived his rights to consult with legal counsel or submit
statements on his own behalf.
On 14 Apr 64, the action was found to be legally sufficient and,
on 17 Apr 64, the discharge authority concurred with the
commanders recommendation.
On 7 May 64, the applicant was furnished a general (under
honorable conditions) discharge and was credited with 3 years,
3 months, and 17 days of active service.
On 17 Jul 14, a request for post-service information was
forwarded to the applicant for review and comment within 30 days
(Exhibit C). In response, the applicant submits a Federal
Bureau of Investigation criminal history 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
FBI report, 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 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-2014-02638 in Executive Session on 25 Mar 15, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-02638 was considered:
Exhibit A. DD Form 149, dated 20 Jun 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 17 Jul 14, w/atchs.
Exhibit D. Letter, Applicant, dated 12 Jan 15.
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