RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2008-03810
		INDEX CODE:  110.00
		COUNSEL: NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He had a drinking problem and was young.  He regrets he left the Air Force.  He has been a citizen in good standing since his discharge.

In support of his appeal, applicant submitted a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge and two personal statements.

Applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 4 Jan 61, the applicant contracted his initial enlistment in the Regular Air Force.  He was progressively promoted to the grade of airman third class having assumed that grade effective and with a date of rank of 28 Mar 61.

On 27 Oct 61, his commander notified him that he was recommending his discharge from the Air Force for unsuitability.  The specific reasons for the discharge action were:

		a.	 He was sentenced by a Summary Court-Martial for being absent without leave (AWOL) on 29 May 61.

		b.	 He received an Article 15 for being apprehended by civil authorities on 6 Aug 61 for being drunk.

		c.	 On 6 Sep 61, he made statements to members of his squadron to the effect that he was contemplating bringing bodily harm to himself.

		d.	 On 20 Sep 61, he threatened to jump off a building.  He was sent to the base hospital for observation and treatment and was transferred to Lackland AFB for further observation and treatment.

The commander advised him of his rights in this matter.

An evaluation officer recommended the applicant be discharged for unsuitability with an honorable discharge.

The discharge authority nonconcurred with the recommendation of the evaluation officer and directed a general discharge.

The applicant was discharged on 31 Oct 61.  He served 8 months and 21 days on active duty.

Pursuant to the Board’s request, the Federal Bureau of Investigation, indicated on the basis of the data furnished they were unable to locate an arrest record (Exhibit C).

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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.  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.  However, should the applicant provide documentation pertaining to his post-service accomplishments and activities, we would be willing to review the materials for possible reconsideration of his request based on clemency.  Otherwise, in view of the foregoing, we find no compelling basis to recommend granting the relief sought in this application.

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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 AFBCMR Docket Number BC-2008-03810 in Executive Session on 11 Dec 08 under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 14 Oct 08, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  FBI Negative Reply, dated 5 Nov 08.

					
					Panel Chair