RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03881 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) character of service be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: The reason for his early discharge was based on his inability to pass exams. During the time he was attending school, he had to have surgery due to trauma to his upper jaw area. He was in severe pain and was not able to concentrate effectively. Since his discharge in 1958, he has always wanted to have an honorable character of service. In support of his appeal, the applicant provides a personal statement and documents from his military personnel record, including his DD Form 214, Report of Transfer or Discharge, issued in conjunction with his 23 May 58 separation. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant reenlisted in the Regular Air Force on 13 Nov 57 for a period of four years. On 30 Apr 58, the commander initiated administrative discharge action against the applicant by reason of inaptness. The reasons for the proposed action were based on the applicant’s failure to make satisfactory progress in a required training program. He was eliminated from the Munitions Specialist training course for unsatisfactory performance after failing the first phase test and the basic military training final written exam three times. Prior to disenrollment, the applicant was counseled concerning his performance, by the branch supervisors and instructors. Efforts to improve his performance were met with negative results. On that same date, the applicant waived his right to a hearing by a board of officers. The discharge authority directed discharge under honorable conditions, general. On 23 May 58, the applicant was discharged under the provisions of AFR 39-16, by reason of unsuitability, with service characterized as general (under honorable conditions). He was credited with 6 months and 11 day of active duty service. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, indicated based on data furnished; they are unable to locate an arrest record. ________________________________________________________________ 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 during the discharge process. 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 also note that based on the circumstances of the applicant’s separation and his short period of service, less than 180 days, under today’s standards he most likely would receive an entry level separation with uncharacterized service and would not qualify for an honorable discharge. As such, we find no basis to upgrade his discharge as requested. Additionally, it appears the applicant’s current character of service may entitle him to greater benefits than he would receive if discharged under today’s standards. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting his request. ________________________________________________________________ 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-2010-03881 in Executive Session on 7 July 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 30 Sep 10, w/atchs. Exhibit B. Applicant's Master Personnel Records.