RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05403 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His general discharge be upgraded to honorable. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He apologizes for his mistakes while serving in the Air Force. At the time, he was young and very immature. After being discharged he married and has three wonderful girls. He has been married for 48 years, is a home builder, and has made a good life for his family. He is a good citizen and has matured. In support of his request, the applicant provides a copy of a Request Pertaining to Military Records, a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, and a personal statement. His complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 5 Jan 55. On 8 May 58, he received a summary court-martial for being disorderly in quarters. On 27 Jun 58, the applicant was discharged under the provisions of AFR 39-16 (Unsuitability) for having a negative attitude towards duty performance and authority. He received a general discharge after serving 3 years, 5 months, and 23 days on active duty. At the time of the applicant’s discharge, AFR 39-17, paragraph 8, stated that when discharged because of unfitness, an Undesirable Discharge (UD) will be furnished. However, in 1959, AFR 39-17 was changed to state that an airman discharged under this regulation should be furnished an undesirable discharge, unless the particular circumstances in a given case warrants a general or honorable discharge. Criteria for the issuance of an undesirable, general, or honorable discharge is outlined in paragraph 9, AFR 39-10. A memorandum was prepared by the Air Force Review Boards Agency Legal Advisor addressing the issue of characterization of service and how standards have changed since 1959, for informational purposes. ________________________________________________________________ _ 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. 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, or unduly harsh. In the interest of justice, we considered upgrading the discharge based on clemency; however, based on the evidence before us, we find no basis to grant clemency at this time. ________________________________________________________________ _ 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-2012-05403 in Executive Session on 1 Aug 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence for Docket Number 2012-05403 was considered: Exhibit A. DD Form 149, dated 16 Nov 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Panel Chair