RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-02049
		INDEX CODE:  110.02
		
		COUNSEL:  None
		HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: 2 OCTOBER 2008

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He tried to get a humanitarian or hardship transfer.  Instead he was given a general discharge.  He had no intention of separating from the military.

In support of his appeal, applicant provided a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

The applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 6 Oct 70, for a period of four years in the grade of airman basic.  His highest grade held was airman first class.

On 27 Mar 73, applicant’s commander notified him that he was recommending that he be discharged from the Air Force for unsuitability for his apathetic and defective attitudes.  The reasons for the proposed action were:  (1) On 5 Jan 73, applicant received an Article 15 for being disorderly in station.  Punishment imposed was a suspended reduction in grade to airman; (2) Letters of Indebtedness (Dishonored Checks); and (3) Failure to accept responsibilities, as evidenced by continual failure to apply himself in study and successful completion of his upgrade training.

On 5 Apr 73, applicant acknowledged he had been interviewed and counseled regarding the discharge action and that he declined to present statements in his own behalf.  On 11 Apr 73, the group Staff Judge Advocate found the case file legally sufficient to support discharge from the Air Force with a general discharge without probation or rehabilitation.  On 12 Apr 73, the discharge authority approved the separation and directed that the applicant be separated with a general discharge.

Applicant was discharged on 26 Apr 73, in the grade of airman first class (E-3), under the provisions of AFM 39-12, Chapter 2, Section A, for Unsuitability, and was issued a general discharge.  He was credited with 2 years, 6 months, and 21 days of active military service.

Pursuant to the Board’s request on 23 Jul 07, the Federal Bureau of Investigation, Clarksburg, WV, provided a copy of an investigation report, which is attached at Exhibit C.

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AIR FORCE EVALUATION:

None.  The applicant has not shown the characterization of his discharge was contrary to the provisions of AFM 39-12, Separation for Unsuitability, Unfitness or Misconduct; Resignation or Request for Discharge for the Good of the Service; and Procedures for the Rehabilitation Program. (Extract copy of applicable portion attached as Exhibit D).  Nor has he shown the nature of the discharge was unduly harsh or disproportionate to the offenses committed.  Notwithstanding the absence of error or injustice, the Board has the prerogative to grant relief on the basis of clemency if so inclined.

On 17 Aug 07, a copy of the FBI report was forwarded to the applicant for review/comment (Exhibit E).  To date, a response has not been received.

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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 error or injustice.  After careful consideration of the available evidence, we find no impropriety in the characterization of applicant’s discharge.  It appears that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or that the applicant was not afforded all the rights to which entitled at the time of discharge.  We conclude, therefore, that the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.  Additionally, in view of the contents of the FBI Identification Record, we are not persuaded that the characterization of the applicant’s discharge warrants an upgrade to honorable on the basis of clemency.  In view of the above we find no basis to warrant favorable action on this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number    BC-2007-02049 in Executive Session on 25 September 2007, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2007-02049 was considered:

    Exhibit A.  DD Form 149, dated 22 Jun 07, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Extract, AFM 39-12.
    Exhibit E.  Letter, AFBCMR, dated 17 Aug 07.