RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03440
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded
to Honorable.
APPLICANT CONTENDS THAT:
He was an excellent Airman and was never unproductive. He was
given the option of an early discharge based on the fact the
ranks were frozen. Whereas others in the same category received
an Honorable discharge he only received a General (Under
Honorable Conditions) discharge. He is 78 years old and would
like this error set straight.
In support of his request, the applicant provided a copy of his
DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge, and a copy of his United States of
America Veterans Administration Certificate of Eligibility,
dated 6 Oct 58.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 18 Jan
55.
On 5 Nov 56, the applicant was notified by his commander he was
being recommended for discharge under the provisions of AFR 39-
16, Discharge of Unproductive Airman.
On 9 Nov 56, a Medical Officer evaluated the applicant as
required by AFR 39-16 and no disabilities were found. They
recommended the applicant not be discharged under the provisions
of AFR 39-16.
On 20 Nov 56, the applicant was interviewed by an Evaluation
Officer with regards to being eliminated from the service under
the provisions of AFR 39-16. The interview revealed no
derogatory information in the service background; however, he
noted that the applicant had been unable to progress at his job
beyond the helper level. The Evaluation Officer recommended
that the applicant be discharged at the earliest possible date
with a General discharge.
On 23 Nov 56, the discharge authority approved the applicants
separation and directed he be furnished with a DD Form 257AF,
General Discharge Certificate.
On 30 Nov 56, the applicant was furnished a General (Under
Honorable Conditions) discharge, and was credited with 1 year,
10 months, and 13 days of active service.
In response for post-service information, the applicant provided
additional copies of his military records.
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-2014-03440 in Executive Session on 25 Jun 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-03440 was considered:
Exhibit A. DD Form 149, dated 19 Aug 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Clemency Information Bulletin
Exhibit D. Applicants Response to Clemency Bulletin
AF | BCMR | CY2007 | BC-2007-02240
On 23 Jun 58, the Air Force Discharge Review Board denied the applicant’s request for a discharge upgrade. Considered alone, we conclude the discharge proceedings were proper and the characterization of the discharge was appropriate to the existing circumstances. Therefore, the Board Majority recommends the applicant’s discharge be upgraded to general (under honorable conditions) as a matter of equity and on the basis of clemency.
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