RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02921
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded.
APPLICANT CONTENDS THAT:
He has lived an honorable life for fifty years, graduated from
college and worked for the state of Colorado and the federal
government.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 17 Oct 60, the applicant initially entered the Regular Air
Force.
On 31 Jan 61, the applicant received punishment under Article 15,
for failure to obey a lawful order (haircut), and was demoted from
the grade of airman third class (E-2) to airman basic (E-1). The
applicant acknowledged the punishment and elected to not appeal
the commanders decision.
On 16 Jan 64, the applicant was recommended for discharge under
the authority of AFR 39-16, Discharge for Unsuitability. The
basis for this action was, from February 1963 to December 1963,
thirteen different incidences of failure to perform his duties to
Air Force standards or other disciplinary infractions which
resulted in various methods of counseling and reprimands. The
most serious offense, failure to report to his place of duty,
resulted in punishment under Article 15, and fourteen days
confinement.
On 20 Feb 64, the applicant was furnished a general (under
honorable conditions) discharge, and was credited with three
years, four months, and four days of active service.
On 2 Feb 15, in response for post-service information, a Federal
Bureau of Investigation report was provided by the applicant
indicating no prior arrest data exists. This does not preclude
further criminal data at the state or local level. (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 find the evidence
presented is not 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-2014-02627 in Executive Session on 25 Mar 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-02921 was considered:
Exhibit A. DD Form 149, dated 29 Jun 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 1 Aug 14.
Exhibit D. Letter, Applicant, dated 2 Feb 15.
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