RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00223 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ _ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ _ APPLICANT CONTENDS THAT: The applicant makes no contentions. The applicant provided no documents in support of his appeal. The applicant's complete submission is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 22 May 1952. The applicant was notified by his commander of his intent to recommend that he be discharged from the Air Force under the provisions of AFR 39-16 (Unsuitability). The specific reason was the applicant suffered with a nervous condition that undoubtedly existed prior to his enlistment into the Air Force. He was unable to carry on a normal conversation with a superior without showing outward signs of his nervous strain. The applicant was lacking in coordination and had very little aptitude for drill and all other phases of basic training. Burdened with this mental handicap, it was extremely doubtful that he would ever be able to adjust himself to military life, and further, that he would ever assume responsibility to any degree of efficiency. The applicant was advised of his rights in the matter and his case was heard before a board of officers. The applicant chose to appear before the board without counsel. The board recommended discharge due to unsuitability. The discharge authority concurred with the recommendation and directed a general discharge. The applicant was discharged on 1 July 1952. He served 1 month and 10 days on active duty. ________________________________________________________________ _ 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. In the interest of justice, we considered upgrading the discharge based on clemency; however, based on the evidence before us, we find no basis to grant clemency at this time. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought in 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 issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an 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-2013-00223 in Executive Session on 24 October 2013, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, not dated. Exhibit B. Applicant’s Available Master Personnel Records. 2 3 4