RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02825 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His official records be corrected to show: 1. His General (Under Honorable Conditions) discharge be upgraded to Honorable. 2. His date of birth, as reflected on his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected (to be administratively resolved). ________________________________________________________________ APPLICANT CONTENDS THAT: There is really no injustice in his separation, but his character has changed since his separation from the Air Force. While in the Air Force, he was Absent Without Leave (AWOL) for a total of 38 days due to family problems which he was not able to discuss at the time. His parents were both alcoholics and while AWOL he was getting them out of confinement or taking care of his three younger sisters. He was afraid social services would put them in foster care and he would not see them again. He has been married for 37 years, raised two children who completed college, completed his Associates Degree, and is a Deacon in his church. He is hoping his character is worthy of his discharge being upgraded to Honorable. His DD Form 214 reflects an incorrect birth year of 1951, while he was actually born in 1952. In support of his appeal, the applicant provides an expanded statement and copies of his birth certificate, Discharge Certificate, DD Form 214, and college transcripts. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Based on the information in the applicant’s official military records he enlisted in the Air Force on 12 Oct 71. On 21 Feb 74, the applicant’s commander notified him of his intent to recommend him for a General discharge from the Air Force for apathy, defective attitude, and inability to expend efforts constructively. The reason for the action was repeatedly being absent from the organization without authority, for which he received three Article 15s (Nonjudicial Punishment) in an 18 month period. On 1 Mar 74, the case was found to be legally sufficient and the discharge authority concurred with the commander’s recommendation and ordered the applicant’s discharge on 4 Mar 74. On 8 Mar 74, he was furnished a General (Under Honorable Conditions) discharge and was credited with serving 2 years, 4 months, and 27 days of active service. On 14 Nov 11, AFPC/DPSOY notified the applicant of their determination that his date of birth, as reflected on his DD Form 214, was incorrect and of their action to correct this records administratively. 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 8 Feb 12, a copy of the FBI Investigative Report and a request for post-service information was forwarded to the applicant for review and commend 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. We took notice of the applicant’s complete submission in judging the merits of the case; however, we do not find the documentation presented sufficient to conclude the applicant has been the victim of an error or injustice. The applicant concedes that his General (Under Honorable Conditions) discharge did not constitute an error or injustice. We considered upgrading his discharge on the basis of clemency; however, other than his own assertions regarding his accomplishments since leaving the service, he has provided no documentary evidence for us to consider in determining whether his post-service accomplishments were sufficient to overcome the misconduct that formed the basis of his discharge. Therefore, in the absence of evidence to the contrary, we conclude that no basis exists for us to recommend granting the relief sought in this application. ________________________________________________________________ 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-2011-02825 in Executive Session on 13 March 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 Jul 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, SAF/MRBR, dated 8 Feb 2012. Panel Chair