RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01239
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded 
to honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

There was no error; he did his job honorably and had no bad time 
or Article 15 action.  He needs the upgrade to boost his 
employment opportunities.

The applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 17 Mar 75, the squadron commander notified the applicant of 
administrative discharge action for unsuitability, specifically 
for apathy and a defective attitude.  For a full list of the 
offenses, please see the commander’s notification letter at 
Exhibit B.  After consulting with counsel and having been 
advised of his rights, the applicant waived his right to submit 
statements in his own behalf.  On 21 Mar 75, the staff judge 
advocate found the case file legally sufficient and recommended 
the applicant receive a general discharge without probation and 
rehabilitation (P&R).  On 25 Mar 75, the discharge authority 
approved the general discharge without P&R.

On 3 Apr 75, the applicant was discharged by reason of 
motivational problems, with service characterized as general 
(under honorable conditions).  He was credited with 3 year, 
3 months, and 1 day of active duty service during this period.  

________________________________________________________________

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 an injustice.  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 was contrary to the 
provisions of the governing regulation, unduly harsh, or 
disproportionate to the offenses committed.  In the interest of 
justice we considered upgrading the discharge on the basis of 
clemency; however, based on the lack of post service information 
we are not persuaded that an upgrade of the characterization of 
his discharge is warranted.  Should the applicant provide 
additional information, e.g., post-service documentation to 
support his claim, we would be willing to reconsider his 
request.  In view of the above and 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 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-2013-01239 in Executive Session on 9 Jan 14, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Feb 13. 
    Exhibit B.  Applicant's Master Personnel Records.




                                   Panel Chair