RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04029 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. APPLICANT CONTENDS THAT: He believes the circumstances under which he was discharged from the Air Force were no fault of his own. He developed double pneumonia due to conditions at Lackland Air Force Base during basic training. He was very weak and unable to complete basic training; therefore, he was discharged from the service. In support of the applicant’s appeal, he provides a personal statement. The applicant’s complete submission, with attachment, is at Exhibit A. STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 8 January 1951. The applicant was notified by his commander of his intent to recommend that he be discharged from the Air Force under the provisions of AR 615-369. The applicant was examined on 16 March 1951 by the chief of neuropsychiatric section and was diagnosed with schizoid personality, chronic, severe, manifested by seclusiveness, inability to form relationships with people, nervousness shown as nail biting and tremor, aggression shown in headaches. The applicant was advised of his rights in the matter and his case was heard before a board of officers. The board recommended discharge due to unsuitability. The board found the applicant was unsuitable for further military service because of disruptive reactions to acute or special stress, and lack of physical stamina. The discharge authority concurred with the recommendation and directed a general (under honorable conditions) discharge. The applicant was discharged on 18 May 1951. He served 4 months and 11 days on active duty. Pursuant to the Board’s request, the Federal Bureau of Investigation indicated that on the basis of the information provided, they were able to locate an arrest record. On 15 July 2014, a request for information pertaining to his post-service activities was forwarded to the applicant for review and response within 30 days (Exhibit C). As of this date, no response has 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. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice sufficient to compel waiving the statute of limitations. We took notice of the applicant's complete submission in judging the merits of the case; however, the Board majority finds no evidence that an error or injustice 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. In the interest of justice, we considered upgrading the discharge based on clemency; however, based on the evidence before us, the majority of the Board finds no basis to grant clemency at this time. Therefore, having reviewed the facts of the case and the applicant's contentions, the majority concludes the interests of justice do not compel the Board to waive the statute of limitations. RECOMMENDATION OF THE BOARD: A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied as untimely. The following members of the Board considered AFBCMR Docket Number BC-2013-04029 in Executive Session on 26 August 2014, under the provisions of AFI 36-2603: Although XXXXXXXXXX chaired the panel, in view of her unavailability, XXXXXXXXXX has agreed to sign as Acting Panel Chair. By a majority vote, the Board recommended denial of the application. XXXXXXXXXX voted to grant the applicant’s request and provided a minority report. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 August 2013, w/atch. Exhibit B. Available Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 15 July 2014. Exhibit D. Minority Report, dated 27 August 2014. 2 3 4