RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03489
			COUNSEL:  
			HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable.
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APPLICANT CONTENDS THAT:

During his time in the service, he was an excellent airman.  The general discharge he received ruined his life.  During his discharge processing, he feels 
that he was forced to sign the paperwork for a general discharge.

In support of the applicant’s appeal, he provides a personal statement and documents extracted from his military personnel records.

The applicant's complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 1 July 1963.

The applicant was notified by his commander of his intent to recommend his discharge from the Air Force under the provisions of AFR 39-16.  Specifically, 
the commander stated the applicant had an immature personality manifested by juvenile reaction to stress, mild to moderate, insubordination, poor judgment, 
apparently precipitated by the average stresses of Air Force duties.  He continually defiled military authority.  He did not keep his tool box in the 
designated area, conform to safety directives, or maintain the standards desired of an airman for military bearing.  On 26 February 1965, the applicant was 
arrested by police officials in El Dorado, Kansas, and charged with disturbing the peace and resisting arrest.




He was advised of his rights in the matter and elected not to 
submit a statement on his own behalf.

An evaluation officer reviewed the case and recommended the 
applicant be discharged with service characterized as general.  

The discharge authority concurred with the recommendation and 
directed a general (under honorable conditions) discharge.  The 
applicant was discharged on 26 March 1965.  He served 1 year, 
8 months, and 26 days on active duty.

On 6 March 2014, a request for information pertaining to his post-service activities was forwarded to the applicant for review and response within 30 days (Exhibit C).  As of this date, no response has been received 
by this office.
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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 an 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 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.  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.  Therefore, in the absence 
of evidence to the contrary, we find no basis upon which to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our 
understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.
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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an 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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-03489 in Executive Session on 10 April 2014, under the provisions of AFI 36-2603:


The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 12 July 2013, w/atchs.
   Exhibit B.  DD Form 214, DD Form 75 and Discharge Package.
   Exhibit C.  Letter, AFBCMR, dated 6 March 2014.