RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03536 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He was pressured into accepting a less than honorable discharge. He was not given time to consider his options. He is responsible for his actions; however, if they would have worked with him, he would not be requesting attention to this matter now. His discharge should be upgraded to honorable based on his record over the past 50 years. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: Applicant enlisted in the Regular Air Force on 1 Aug 56 and was progressively promoted to the grade of airman third class. On 27 Mar 57, applicant’s commander recommended he appear before a board of officers to determine whether he should be discharged. Applicant had received two Article 15 punishments and one summary court-martial for his seven failure to repair charges. Based on his complete disregard for military discipline and authority it was decided that he could be of no further service to the Air Force. On 27 Mar 57, applicant acknowledged receipt of the notification of discharge and that legal counsel had been made available to him. He waived his right to a hearing before a board of officers and chose not to submit statements in his own behalf. He acknowledged his understanding that if his request was approved, his separation from the Air Force may be under conditions other than honorable and that he may receive an undesirable discharge. The staff judge advocate reviewed the case and found it legally sufficient to warrant an undesirable discharge. The discharge authority approved the separation and directed that the applicant be separated with an undesirable discharge. Applicant was discharged on 5 Apr 57, in the grade of airman basic, under the provisions of AFR 39-17, with separation designation number (SDN) 488 (Unfitness), and service characterized as under other than honorable conditions (undesirable). He served on active duty for a period of 7 months and 8 days. On 12 Mar 66, applicant applied to the Air Force Discharge Review Board (AFDRB) requesting that his undesirable discharge be upgraded. After review of the evidence of record, the AFDRB concluded that a change in the discharge was warranted. The Board concluded that the applicant’s discharge should be changed to an under honorable conditions (general) discharge. A copy of the AFDRB findings is attached at Exhibit B. Pursuant to the Board’s request on 7 Oct 08, the Federal Bureau of Investigation, Clarksburg, West Virginia, indicated on 9 Oct 08, that, on the basis of the data furnished, they were unable to locate an arrest record (Exhibit C). On 5 Nov 08, a request for information pertaining to his post- service activities was forwarded to the applicant for response within 30 days, as of this date, a response has not been received by this office. ________________________________________________________________ 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. We took notice of the applicant's complete submission in judging the merits of the case; however, based on the available evidence of record, 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 applicant was not afforded all the rights to which entitled at the time of discharge. We note the applicant’s discharge was upgraded by the AFDRB to an under honorable conditions (general) discharge; however, no evidence has been provided that would persuade us that further relief in the form of an honorable discharge is warranted. Accordingly, in the absence of persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application. _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered Docket Number BC-2008-03536 in Executive Session on 19 Dec 08, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to Docket Number BC-2008-03536 was considered: Exhibit A. DD Form 149, dated 19 Sep 08. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Negative FBI Report, dated 9 Oct 08. Exhibit D. Letter, AFBCMR, dated 5 Nov 08.