RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 		DOCKET NUMBER: BC-2014-03440

				COUNSEL:  NONE

				HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His General (Under Honorable Conditions) discharge be upgraded 
to Honorable.


APPLICANT CONTENDS THAT:

He was an excellent Airman and was never unproductive.  He was 
given the option of an early discharge based on the fact the 
ranks were frozen.  Whereas others in the same category received 
an Honorable discharge he only received a General (Under 
Honorable Conditions) discharge.  He is 78 years old and would 
like this error set straight.

In support of his request, the applicant provided a copy of his 
DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge, and a copy of his United States of 
America Veterans Administration Certificate of Eligibility, 
dated 6 Oct 58. 

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 18 Jan 
55.

On 5 Nov 56, the applicant was notified by his commander he was 
being recommended for discharge under the provisions of AFR 39-
16, Discharge of Unproductive Airman.  

On 9 Nov 56, a Medical Officer evaluated the applicant as 
required by AFR 39-16 and no disabilities were found.  They 
recommended the applicant not be discharged under the provisions 
of AFR 39-16.  

On 20 Nov 56, the applicant was interviewed by an Evaluation 
Officer with regards to being eliminated from the service under 
the provisions of AFR 39-16.  The interview revealed no 
derogatory information in the service background; however, he 
noted that the applicant had been unable to progress at his job 
beyond the helper level.  The Evaluation Officer recommended 
that the applicant be discharged at the earliest possible date 
with a General discharge.

On 23 Nov 56, the discharge authority approved the applicant’s 
separation and directed he be furnished with a DD Form 257AF, 
General Discharge Certificate.

On 30 Nov 56, the applicant was furnished a General (Under 
Honorable Conditions) discharge, and was credited with 1 year, 
10 months, and 13 days of active service.   

In response for post-service information, the applicant provided 
additional copies of his military records.


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 an 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, in the absence of any evidence related to the 
applicant’s post-service activities, there is no way for us to 
determine if the applicant’s accomplishments since leaving the 
service are sufficiently meritorious to overcome the misconduct 
for which he was discharged. Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief sought. 


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material 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-2014-03440 in Executive Session on 25 Jun 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-03440 was considered:

	Exhibit A.  DD Form 149, dated 19 Aug 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Clemency Information Bulletin
	Exhibit D.  Applicant’s Response to Clemency Bulletin