RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-02921

			COUNSEL:  NONE

			HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be upgraded.


APPLICANT CONTENDS THAT:

He has lived an honorable life for fifty years, graduated from 
college and worked for the state of Colorado and the federal 
government.

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


STATEMENT OF FACTS:

On 17 Oct 60, the applicant initially entered the Regular Air 
Force.

On 31 Jan 61, the applicant received punishment under Article 15, 
for failure to obey a lawful order (haircut), and was demoted from 
the grade of airman third class (E-2) to airman basic (E-1).  The 
applicant acknowledged the punishment and elected to not appeal 
the commander’s decision.

On 16 Jan 64, the applicant was recommended for discharge under 
the authority of AFR 39-16, Discharge for Unsuitability.  The 
basis for this action was, from February 1963 to December 1963, 
thirteen different incidences of failure to perform his duties to 
Air Force standards or other disciplinary infractions which 
resulted in various methods of counseling and reprimands.  The 
most serious offense, failure to report to his place of duty, 
resulted in punishment under Article 15, and fourteen days 
confinement.

On 20 Feb 64, the applicant was furnished a general (under 
honorable conditions) discharge, and was credited with three 
years, four months, and four days of active service.

On 2 Feb 15, in response for post-service information, a Federal 
Bureau of Investigation report was provided by the applicant 
indicating no prior arrest data exists.  This does not preclude 
further criminal data at the state or local level. (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 find the evidence 
presented is not sufficient for us to conclude that the 
applicant’s post-service activities overcome the misconduct for 
which he was discharged.  Therefore, in the absence of evidence to 
the contrary, we find no basis to recommend granting the relief 
sought.


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-2014-02627 in Executive Session on 25 Mar 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-02921 was considered:

	Exhibit A.  DD Form 149, dated 29 Jun 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 1 Aug 14.
	Exhibit D.  Letter, Applicant, dated 2 Feb 15.