UNITED STATES AIR FORCE
BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02800

	COUNSEL: NONE

HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He did not have the support of his commanding officer for adopting a child while assigned in Korea. He followed the direction of his first sergeant and separated with a general discharge. He is a 100 percent-disabled Vietnam Veteran with many medical problems. He would like to have his discharge upgraded before he dies.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former regular Air Force sergeant (E-4).

On 22 Jan 74, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of Air Form Manual 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program, for unsuitability. The reasons for the action were due to his defective attitude, apathy, inability to expend efforts constructively, and financial irresponsibility.

On 30 Jan 74, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 01 February 74.
On 4 Feb 74, the applicant received a general (under honorable conditions) discharge.

On 20 Sep 16, a request for post-service information was forwarded to the applicant for comment within 30 days (Exhibit C). In response, the applicant submitted a synopsis of his employment for the past 28 years. In lieu of a Federal Bureau of Investigation (FBI)  background

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

search, he provided a copy of his license to carry a concealed weapon. To be eligible for a permit, his record must be clean in the state of California (Exhibit D).

For more information, see the excerpt of the applicant’s record at Exhibit B.

THE BOARD CONCLUDES THAT:

1.	The application was not timely filed; however, it is in the interest of justice to excuse the delay.

2.	The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.	After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an injustice. It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion. Nor was the discharge unduly harsh or disproportionate to the offenses committed. In the interest of justice, the Board considered upgrading the discharge based on clemency; however, given the evidence presented, the Board finds no basis to do so. Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

The application was adjudicated without a personal appearance.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-02800 in Executive Session on 15 May 18.

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record. The panel considered the following documentary evidence pertaining to AFBCMR Docket Number BC-2016- 02800.

Exhibit A: Application, DD Form 149, w/atchs, dated 7 July 16.
Exhibit B: Documentary evidence, including relevant excerpts from official records. Exhibit C: Letter, AFBCMR, dated 20 September 16.
Exhibit D: Applicant’s response, Undated.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.