RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01526 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He was told his discharge would be upgraded to honorable six months after his separation from service. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 10 Jan 71, the applicant enlisted in the Regular Air Force. Between 1 Jan 73 and 20 Jul 73, he received three (3) Article 15s for various infractions (see Exhibit B). His commander found him to be unsuitable for further military service and recommended he be separated with a general discharge. The Assistant and Staff Judge Advocate found the discharge case legally sufficient. On 14 Sep 73, the discharge authority approved the recommended discharge. On 21 Sep 73, he was received a general (under honorable conditions) discharge. He served two years, eight months and seven 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 29 Oct 12, a copy of the FBI report and 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. _________________________________________________________________ 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 affect 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 the interest of justice, we considered upgrading the characterization of the applicant’s discharge based on clemency; however, in view of the contents of the FBI Identification Record and in the absence of any documentation relating to his post-service activities, we find no basis to recommend upgrade on this basis. Therefore, 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 20 Feb 13, under the provisions of AFI 36- 2603: , Panel Chair , Member , Member The following documentary evidence was considered in AFBCMR BC- 2012-01526: Exhibit A. DD Form 149, dated 20 Apr 12. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report, dated 21 May 12. Exhibit D. Letter, AFBCMR, dated 29 Oct 12. Panel Chair