RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03370 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His (general) under honorable conditions discharge be upgraded to honorable. 2. His Narrative Reason for Separation be changed from Unsuitability – Apathy, Defective Attitude. ________________________________________________________________ APPLICANT CONTENDS THAT: In order to advance in his career he needs his discharge upgraded and the narrative reason changed. He regrets how he handled the situation. His behavior was influenced by the company he kept. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, a Standard Form (SF) 50, Notification of Personnel Action, his resume’, and copies of his college transcripts. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 16 Nov 81, the applicant contracted his enlistment in the Regular Air Force. He served as an Aerospace Control and Warning Systems Operator. On 7 Jun 82, the applicant’s commander notified him that he was recommending his discharge from the Air Force for unsuitability. The specific reasons for the discharge action were that he received two Article 15s for failure to go and stealing, a letter of Reprimand (LOR) regarding his conduct at the base club and dormitory, placement on the control roster for conduct that was incompatible with Air Force standards, and counselings for failure to report and his personal appearance. His commander advised him of his rights in this matter and on 7 Jun 82, he acknowledged receipt of the notification for discharge. On 7 Jun 82, an evaluation officer was appointed to evaluate the applicant’s case. On 8 Jun 82, the evaluation officer interviewed the applicant and reviewed his records and case file. The evaluation officer recommended on 14 Jun 82 the applicant be separated with a general discharge without probation and rehabilitation. The legal office reviewed the case and concurs with the findings and recommendations of the evaluation officer that the applicant be furnished a general discharge without probation and rehabilitation. On 23 Jun 82, the discharge authority concurred with the commander’s recommendation and directed the applicant be furnished a general (under honorable conditions) discharge without probation and rehabilitation. On 25 Jun 82, the applicant was furnished a general (under honorable conditions) discharge and he was credited with 7 months, and 10 days of active service. The applicant appealed to the Air Force Discharge Review Board (AFDRB) to have his discharge upgraded to honorable. The AFDRB denied the applicant’s appeal on 29 May 84 noting there was no legal or equitable basis for an upgrade of the applicant’s discharge. On 14 Nov 11, the Board staff requested the applicant provide documentation concerning his activities since leaving military service (Exhibit D). In response, the applicant states he has grown as a person and notes his educational and professional accomplishments. The applicant’s complete response with attachments is at Exhibit E. _________________________________________________________________ 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 and narrative reason for separation was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. We also considered upgrading the discharge based on clemency; however, the applicant has not submitted evidence that shows a successful post-service adjustment. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. _________________________________________________________________ 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-2011-03370 in Executive Session on 12 Apr 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Aug 11. Exhibit B. Applicant's Master Military Personnel Records. Exhibit C. Letter, AFBCMR, dated 2 Nov 11, w/atch. Exhibit D. Letter, Applicant, dated 15 Nov 11, w/atchs. Panel Chair