RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2009-01028
		COUNSEL: NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He did a good job maintaining aircraft while on active duty.  He would like his discharge upgraded so he can carry on.

In support of his request, applicant provides a copy of a progress note from the Department of Veterans Affairs (DVA) and two character references.

Applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 29 Mar 73, the applicant contracted his initial enlistment in the Regular Air Force.  He was progressively promoted to the grade of airman.  He was demoted to airman basic (AB) on 13 Mar 74.

On 19 Mar 74, his commander notified him that he was recommending his discharge from the Air Force for unfitness. The specific reasons for the discharge action were:

		a.  On 26 Sep 73, he received an Article 15 for being absent without leave from 24 Aug 73 to 7 Sep 73.  His punishment consisted of reduction to the grade of AB, forfeiture of $100.0 of pay per month for two months, 30 days of extra duty and restriction to the base for 30 days.  The portion of the punishment regarding the grade reduction was suspended until 1 Jan 74, unless it was sooner vacated.

		b.  On 9 Mar 74, he received an Article 15 for being AWOL from 18 Feb 74 to 22 Feb 74.  His punishment consisted of reduction to the grade of AB and forfeiture of $75.00 of pay per month for two months.

		c.  On 7 Feb 74, he received a Letter of Reprimand (LOR) for failing to maintain his dormitory quarters.

		d.  On 7 and 14 Feb 74, he received counseling for failing to report for duty on 6, 7 and 14 Feb 74.

The commander advised him of his rights in this matter.

On 20 Mar 74, he acknowledged receipt of the notification and after consulting with legal counsel waived his right to a hearing before an administrative discharge board and to submit a statement in his own behalf.

On 29 Mar 74, the staff judge advocate reviewed the case and found it legally sufficient to support separation and recommended a general discharge.

On 4 Apr 74, the discharge authority directed a general discharge.

He was discharged on 10 Apr 74.  He served 11 months and 26 days on active duty.  The periods 24 Aug 73 - 6 Sep 73 and 19 Feb 74 - 21 Feb 74 were considered lost time.

Applicant appealed to the Air Force Discharge Review Board (AFDRB) to have his general discharge upgraded to honorable.  The AFDRB, on 24 Feb 75, denied the applicant’s request for an upgrade of his discharge.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C.

On 2 Jul 09, a copy of the Investigative Report was forwarded to the applicant for review and comment within 30 days (Exhibit D).  As of this date, no response has been received.

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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 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.  We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis.  Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2009-01028 in Executive Session on 13 Aug 09 under the provisions of AFI 36-2603:

				, Panel Chair
				, Member
				, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, not dated, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  FBI Report, dated 24 Jun 09.
	Exhibit D.  Letter, SAF/MRBC, dated 2 Jul 09.




					Panel Chair