RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00667

					COUNSEL:  NONE

		HEARING DESIRED:  YES 



APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

His civilian record and accomplishments warrant an upgrade to 
honorable discharge.  He recently retired with almost 28 years 
of service as an airline pilot.  He was an airline captain with 
Evergreen Airlines and participated in the Civil Reserve 
Aircraft Fleet and flew hundreds of missions in support of 
Operations DESERT SHIELD, DESERT STORM, IRAQI FREEDOM, and 
ENDURING FREEDOM.   

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on       
12 March 1970.

On 16 August 1972, the applicant’s commander notified him of his 
intent to recommend his discharge for “Unsuitability,” under the 
provisions of AFM 39-12, Chapter 2, Section A, Paragraph 2-4b.  
The reasons for the action are as follows:

	a.	On 3 August 1972, the applicant was derelict in the 
performance of his duties in that he failed to prepare a lesson 
plan for a fifteen minute lecture as it was his duty to do so.  
For this action, he received an Article 15, with punishment 
consisting of reduction to the grade of airman first class, 
which was suspended for six months unless it was further 
vacated.

	b.	The Psychiatric Evaluation by the Mental Health Clinic 
stated the applicant had a Character and Behavior Disorder which 
was best classified as “passive-dependent personality, 
manifested by lack of maturity; fear of teaching; fear of 
leaving states and being separated from his family.” 

On 17 August 1972, the applicant was counselled by the Special 
Action Unit of the Consolidated Base Personnel Office in regard 
to volunteering for the on-base rehabilitation program 
authorized by chapter 4, AFM 39-12 and or the rehabilitation in 
the centralized rehabilitation facility.  He did not desire to 
volunteer for the base rehabilitation program by statement, 
dated 17 August 1972.

On 17 August 1972, the applicant was notified he may present his 
case before an administrative discharge board, be represented by 
counsel, and submit statements on his own behalf.  The applicant 
waived his right to a hearing and did submit a statement on his 
behalf.

On 1 September 1972, the applicant was furnished a general 
discharge, and was credited with 2 years, 5 months, and 20 days 
of active service.   

On 28 April 2014, a request for post-service information was 
forwarded to the applicant for review and comment within 30 
days.  In response, the applicant provided a character reference 
letter and a copy of his FBI Report (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 an error or injustice.  We took 
notice of the applicant's complete submission, to include his 
rebuttal response, 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, 
we do not find the evidence presented is sufficient for us to 
conclude that the applicant’s post-service activities warrant a 
recommendation to upgrade his discharge to fully honorable.  
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the relief sought. 

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.


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-2014-00667 in Executive Session on 2 December 2014, 
under the provisions of AFI 36-2603:

	


The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 12 Feb 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 28 Apr 14.
     Exhibit D.  Letter, Applicant, dated 7 Jul 14, w/atchs.