RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01683 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He needs benefits. In support of this application, the applicant submits a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 19 Jun 62, the applicant enlisted in the Regular Air Force. The applicant was involved in a number of minor disciplinary infractions from Oct 63 to Aug 64 for which he received various administrative and disciplinary actions. On 3 Dec 64, his commander notified him that he was recommending his discharge under the provisions of AFR 39-17, Unfitness. His specific reasons were the applicant’s frequent involvement of a discreditable nature with military authorities and his established pattern of financial irresponsibility. On 21 Dec 64, the discharge authority approved the applicant’s discharge and an Undesirable Discharge Certificate was issued. On 22 Jan 65, the applicant was discharged. He served 1 year, 11 months and 23 days on active duty. 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 11 Aug 11, a copy of the FBI report and a request for post-service information was forwarded to the applicant for review and comment within 30 days, as of this date, no response has been received by this office (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 error or injustice. After careful consideration of the available evidence, we found no indication that the actions taken to effect his discharge were improper or contrary to the provisions of the governing regulations in effect at the time, or that the actions taken against the applicant were based on factors other than his own misconduct. In addition, in view of the content of the FBI Identification Record, we are not persuaded that the characterization of the applicant’s discharge warrants an upgrade to honorable on the basis of clemency. Having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on his request. _________________________________________________________________ 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 this application in Executive Session on 7 Feb 12, under the provisions of AFI 36- 2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 Apr 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report, dated 29 Jul 11. Exhibit D. Letter, AFBCMR, dated 11 Aug 11. Panel Chair