RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01890 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He believes his discharge characterization is unjust. He is 72 years old; collecting social security benefits and desperately needs his discharge upgraded, so that he and his family can take advantage of insurance discounts through the United Services Automobile Association (USAA). He has several medical conditions and spends hundreds of dollars on prescription drugs every month. He notes that his crime was not of a dangerous nature and believes that his commanding officer was prejudiced and just had it in for him. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 4 Sep 56 for a period of four years. On 17 Mar 60, the squadron commander notified the applicant of administrative discharge action for unfitness – frequent involvement of a discreditable nature with military authorities. The specific reasons for the proposed action were based on two Summary Courts-Martial for (1) wrongful appropriation of baby food, valued at $9.60 and (2) for leaving his appointed place of duty without proper authority and being disrespectful in language toward a non-commissioned officer (NCO). After consulting with counsel, he waived his right to an administrative hearing by a board of officers and he further acknowledged that he understood if his application was approved, his separation could be under conditions other than honorable, he could receive an undesirable discharge, and that this may deprive him of rights as a veteran under both federal and state legislation. The staff judge advocate found the case file legally sufficient and the discharge authority approved the general discharge. The applicant was discharged under the provisions of AFM 39-17, Discharge of Airmen Because of Unfitness, on 6 May 60, with service characterized as undesirable. He was credited with 3 years, 7 months and 10 days of active duty service. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit C. On 6 Sep 11, a copy of the FBI report was forwarded to the applicant for comment. At that time, he was also invited to provide additional evidence pertaining to his activities since leaving the service (Exhibit D). In his statement, the applicant explains the circumstances of his prior service; his accomplishments after leaving the service, and why he believes his discharge should be upgraded based on clemency. He has reared a family, worked hard and even though he had some problems with an ex-wife, he has become a model citizen. Because of his medical conditions, he does not have much longer to live and would like to get insurance through USAA to help with the high cost of insurance. The applicant provided an additional response reiterating his original contentions. The applicant’s complete response, with attachment, is at Exhibit E. ________________________________________________________________ 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 during the discharge process. 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. We considered the evidence submitted in support of the applicant’s request for clemency; however, considering his overall record of service, the seriousness of the offenses which led to his administrative separation, and the content of the FBI Report of Investigation, we are not persuaded that an upgrade of the characterization of his discharge is warranted based on clemency. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. ________________________________________________________________ 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 AFBCMR Docket Number BC-2011-01890 in Executive Session on 3 November 2011 and 12 December 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 19 May 11. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report of Investigation. Exhibit D. Letter, AFBCMR, dated 6 Sep 11, w/atchs. Exhibit E. Letter, Applicant, dated, 12 Sep 11, w/atch.