RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03302 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: The applicant provides no contentions for his request other than he became a United States citizen on 15 June 1964 and his mother worked for the Presidio Food Service for 28 years. In support of his appeal, the applicant provides copies of his DD Form 214, Report of Separation from Active Duty, general discharge certificate, High School Diploma of Graduation, Certificate of Naturalization, and a San Francisco Police Department notification of incident memorandum. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who entered active duty on 10 August 1964 and was promoted to the grade of airman third class (E-2) with a date of rank of 4 October 1964. Between September 1965 and August 1966, the applicant received three Article 15 punishments; twice for failing to obey a lawful order and once for being disorderly in station. His punishments consisted of reduction in grade to airman basic (E-1), correctional custody for 30 days, and forfeiture of $46 per month for two months. In addition, he received a Letter of Reprimand for conduct prejudicial to good order and discipline and was placed on the control roster for showing irresponsibility in conduct. As a result, he received a referral performance report for the period 10 August 1965 through 6 April 1966. On 11 April 1966, the applicant was notified of his commander’s intent to recommend he be discharged for frequent involvement of a discreditable nature with civil or military authorities. The applicant acknowledged receipt of the notification and elected to waive his right to a hearing before a board of officers and his right to submit a statement in his own behalf. On 11 May 1966, the discharge authority approved the applicant’s discharge under the provisions of Air Force Regulation 39-17 with an undesirable discharge. On 16 May 1966, the applicant was discharged with an under other than honorable conditions (UOTHC) discharge. He served one year, nine months, and seven days on active duty. On 4 April 1978, the Air Force Discharge Review Board (AFDRB) reviewed and upgraded the applicant’s characterization of discharge to general (under honorable conditions). Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a copy of an Investigation Report (Exhibit C). On 27 October 2010, the applicant was given an opportunity to submit comments about his post service activities and in response to the FBI Report (Exhibit D). As of this date, this office has received no response. _________________________________________________________________ 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 note that on 4 April 1978, the AFDRB upgraded the applicant’s UOTHC discharge to a general (under honorable conditions). After reviewing his recent submission, we find that a further upgrade is not warranted. The applicant has provided insufficient evidence to use as a basis to further upgrade his characterization of service based on the merits of the case or on clemency. The characterization of service previously upgraded by the AFDRB was not contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. Therefore, based on the foregoing, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-03302 in Executive Session on 16 June 2011, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-03302 was considered: Exhibit A. DD Form 149, dated 7 Sep 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 27 Oct 10, w/atch. Panel Chair