RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01937 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

___________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

___________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was discriminated against for being a Negroid as reflected on 
his DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge. A fellow veteran filled out his DD Form 
149, Application for Correction of Military Record Under the 
Provisions of Title 10, U.S. Code, Section 1552, stating the 
applicant’s discharge should be changed to honorable. 

 

In support of his request, applicant provides a copy of his DD Form 
214. 

 

His complete submission, with attachment, is at Exhibit A. 

 

___________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted into the Regular Air Force on 11 Aug 59. 
The applicant was notified by his commander that he was 
recommending him for discharge from the Air Force under the 
provisions of AFM 39-17 for frequent involvement of a discreditable 
nature with military authorities. The specific reasons for this 
action were for consuming alcoholic beverages in the barracks on 
more than one occasion; for causing negligent damage to a 
government vehicle; for failing to display proper registration on a 
motor scooter and operating a motor scooter with an expired 
operator’s license; for being in the dining facility in an 
unauthorized status; and for being disorderly at Sheppard Air Force 
Base. The applicant received four Article 15s and one 
administrative reprimand for his actions. He received a general 
discharge on 10 Apr 63 after serving 3 years, 8 months, and 0 days 
on active duty. 

 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an Investigative Report, 
which is at Exhibit C. On 4 Aug 10, a copy of the FBI report was 


forwarded to the applicant for review and comment (Exhibit D). At 
that time, he was also invited to provide information pertaining to 
his post-service activities. 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; 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. After careful 
consideration of the available evidence, we found no indication the 
actions taken to effect his discharge were improper or contrary to 
the provisions of the governing regulations in effect at the time, 
or the actions taken against the applicant were based on factors 
other than his own misconduct. In addition, in view of the 
contents of the FBI Identification Record we are not persuaded that 
the characterization of the applicant’s discharge warrants an 
upgrade to honorable on the basis of clemency. Having found no 
error or injustice with regard to the actions that occurred while 
the applicant was a military member, we conclude that no basis 
exists to grant favorable action on his request. 

 

___________________________________________________________________ 

 

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-2010-01937 in Executive Session on 15 Sep 10, under the 
provisions of AFI 36-2603: 


 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 17 May 10, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFBCMR, dated 4 Aug 10.