RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-04028 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: At the time of his discharge, it was his understanding that it was permitted to be granted an early out; however, it was not permissible to be given an honorable discharge due to lack of time served. There was no error or injustice. In support of his appeal, the applicant provided a personal statement and a copy of his DD Form 214, Report of Separation from the Armed Forces of the United States. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 24 June 1954, the applicant enlisted in the Regular Air Force at the age of 20 in the grade of airman basic. He was progressively promoted to the grade of airman second class (E-3) with a date of rank of 1 April 1955. On 31 August 1955, his adjutant requested the applicant receive a psychiatric evaluation due to the applicant’s inability to work under pressure. The adjutant stated that each time the applicant was counseled, he indicated a lack of interest to continue with any job, complained of severe headaches, and expressed he wanted to get out of the service. A Medical Certificate, dated 7 September 1955, indicates the applicant was diagnosed with Emotional Instability Reaction and included a recommendation that he be processed for an administrative separation. After acknowledging his commander’s intent to discharge him, the applicant waived his right to appear before a board of officers and requested he be discharged without benefit of board proceedings. He also indicated he understood his discharge would be characterized as general under honorable conditions. On 30 September 1955, the discharge authority approved the applicant’s recommended discharge. On 7 October 1955, the applicant was separated with a general (under honorable conditions) discharge under the authority of Air Force Regulation 39-16. He served 1 year, 3 months, and 14 days on active duty. Pursuant to the Board’s request, the FBI indicated that on the basis of the data furnished, they were unable to locate an arrest record pertaining to the applicant. On 30 December 2008, the applicant was given the opportunity to submit comments about his post service activities (Exhibit C). The applicant responded with a personal statement explaining his work history (Exhibit D). _________________________________________________________________ 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. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis. 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 this application in Executive Session on 19 February 2009, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2008-04028: Exhibit A. DD Form 149, dated 23 Oct 08, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR , dated 30 Dec 08 Exhibit D. Applicant’s Letter, dated 8 Jan 09.