RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00704 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was the victim of downsizing and frozen ranks with over 
24 month’s time–in-grade for airman second class, and was 
encouraged by his superiors to accept an early out. The advice 
from his superiors was wrong. This injustice ruined his dream of 
becoming a career airman and musician in the United States Air 
Force. 

 

In support of his appeal, the applicant provides a copy of his DD 
Form 214, Armed Forces of the United States Report of Transfer or 
Discharge. 

 

The applicant's complete submission, with attachment, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who 
entered active duty on 19 July 1957 and was promoted to the grade 
of airman third class (E-2) with a date of rank of 2 October 
1957. 

 

On 24 September 1959, his commander recommended the applicant be 
discharged under the provisions of Air Force Regulation 39-16, 
Section B, with a general discharge. The reason for the 
applicant’s recommended discharge was his inability to progress 
normally in his career field; evident disregard for rank and 
authority; and negative attitude towards the military service. 
The appointed Evaluation Officer endorsed the commander’s 
recommendation indicating the applicant be separated from the 
service with a general discharge as the applicant’s file 
contained numerous instances and indications of a definite 
pattern of misbehavior and lack of duty performance. The Staff 
Judge Advocate found the case to be legally sufficient on 
1 October 1959. On 7 October 1959, the discharge authority 


approved the recommended discharge and directed the applicant be 
discharged with a general discharge certificate under the 
authority of Air Force Regulation 39-16, Section B. 

 

The applicant was discharged effective 14 October 1959 with a 
general (under honorable conditions) characterization of service. 
He served 2 years, 2 months, and 26 days on active duty. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI), Clarksburg, WV, provided a copy of an 
Investigation Report (Exhibit C). On 29 April 2010, a copy of 
the FBI report was forwarded to the applicant for review and 
comment within 30 days, and he was given the opportunity to 
submit comments about his post service activities (Exhibit D). 

 

On 7 May 2010, the applicant responded with a resume of his post 
service activities, employment history, and a letter of support 
from his spouse. 

 

The applicant’s complete response, with attachment, is at Exhibit 
E. 

 

_________________________________________________________________ 

 

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 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 AFBCMR Docket 
Number BC-2010-00704 in Executive Session on 21 October 2010, 
under the provisions of AFI 36-2603: 

 

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2010-00704: 

 

Exhibit A. DD Form 149, dated 18 Feb 10, w/atch. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. FBI Report. 

Exhibit E. Letter, AFBCMR, dated 29 Apr 10, atchs. 

Exhibit E. Letter, Applicant, dated 7 May 10, w/atchs.