RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00039 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

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APPLICANT CONTENDS THAT: 

 

His general (under honorable conditions) discharge was not based 
on a court-martial, but on the decision from his new commanding 
officer. His commander made it clear that he wanted him out of 
the Air Force. His commander stated his discharge would be 
honorable, however, it did not turn out that way. 

 

In support of his request, the applicant provides a copy of his 
DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge, a personal statement, and Headquarters, 
28th Bombardment Wing, Special Order A-524. 

 

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

 

________________________________________________________________ 

 

 

STATEMENT OF FACTS: 

 

On 11 February 1959, the applicant enlisted in the Regular Air 
Force. 

 

Between February and September 1961, the applicant was counseled 
six times; three for failing to report for duty on time, once 
for failing to keep his room in inspection order, and twice for 
failing to report for duty. His punishment consisted of extra 
training in the squadron area 

 

On 18 July 1961, the applicant received a summary court-martial 
for two violations of Article 86, Uniform Code of Military 
Justice (UCMJ); for failing to go to his appointed place of 
duty. He was sentenced to confinement with hard labor for 
30 days, forfeiture of $70, and reduced in grade to airman 
basic. 

 


On 1 September 1961, the applicant received a summary court-
martial for violation of Article 86, UCMJ; for failing to go to 
his appointed place of duty. He was sentenced to forfeiture of 
$50. 

 

On 10 September 1961, the applicant was notified of his 
commander’s intent to recommend that he be discharged from the 
Air Force under the provisions of AFR 39-16, Discharge for 
Unsuitability, for apathy and character and behavior disorders 
The applicant acknowledged receipt of the notification, was 
interviewed by the evaluation officer and elected to waive his 
right to submit a statement on his own behalf. 

 

On 28 September 1961, the evaluation officer recommended to the 
Combat Support Group Commander that the applicant be discharged 
and issued a general discharge. On 2 October 1961, the 
discharge authority approved the applicant’s discharge under the 
provisions of section B, AFR 39-16. On 4 October 1961, the 
applicant was discharged from the Air Force with a general 
(under honorable conditions) discharge in the grade of airman 
basic. He served 2 years, 6 months and 13 days of total active 
service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigations (FBI), Clarksburg, WV, provided a copy of an 
Investigative Report (Exhibit C). 

 

On 12 May 2011, a copy of the Investigative Report and a request 
for post-service information were forwarded to the applicant for 
response within 30 days. As of this date, no response has been 
received by this office (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. After careful 
consideration of the available evidence, we found no indication 
the action taken to affect his discharge and the 
characterization of service were improper, contrary to the 
provisions of the governing regulations in effect at the time, 
or based on factors other than his own behavior and inability to 
comply with standards. In addition, we find insufficient 
evidence to warrant a recommendation that the discharge be 
upgraded on the basis of clemency. We have considered the 
applicant’s overall record of service, the events which 


precipitated the discharge, and the contents of the FBI reports, 
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-2011-00039 in Executive Session on 21 June 2011, under 
the provisions of AFI 36-2603: 

 

 Panel Chair 

Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 18 December 2010, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Investigation, dated 4 April 2011. 

 Exhibit D. AFBCMR, Letter, dated 12 May 2011. 

 

 

 

 
Panel Chair