RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01428

	COUNSEL: NONE

	HEARING: NOT INDICATED

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was in a frozen position due to excess of personnel.  He was offered either a discharge or to cross train only if he reenlisted for an additional two years.  He was encouraged to take the discharge with the promise that he could change the character of service if he waited at least one year.  He was released due to an excess of personnel.  He would like the discharge upgraded because he is not eligible for many Veterans Affairs benefits with a general discharge.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 27 December 1962.

On 7 January 1965, his commander notified him that he was recommending he be discharged under the provisions of AFR 39-16, Character and Behavior Disorders.  The applicant had been diagnosed by a psychiatrist as possessing an “Immaturity reaction, passive-aggressive reaction,” as evidenced by a Summary Courts-Martial conviction, one Article 15, and repeated counseling by his commander and first sergeant.

On 21 January 1965, the discharge authority directed the applicant be discharged and on 27 January 1965, the applicant received a general (under honorable conditions) discharge.  He was credited with 2 years and 6 days of active service.

On 27 October 2017, a request for post-service information, undated, was forwarded to the applicant for review and comment within 30 days (Exhibit C); as of this date, no response has been received by this office.

For more information, see the excerpt of the applicant’s record at Exhibit B.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an injustice.  The Board remains unconvinced the evidence presented demonstrates an injustice.  It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  Nor was the discharge unduly harsh or disproportionate to the offenses committed.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, given the evidence presented and the absence of post-service information from the applicant, the Board finds no basis to do so.  Therefore, the Board recommends against correcting the applicant’s records.

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 the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-01428 in Executive Session on 21 June 2018:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 15 March 2017.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C: Post Service Clemency Letter, w/atch, 27 October 2017.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.