RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02121
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
The narrative reason for his separation be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not unsuitable for his job. Everyone in his family has served in
military service honorably, and his type of discharge is a real
embarrassment.
In support of the application, the applicant submits his application. The
applicant's submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The former member’s complete military records were either lost or
destroyed. The following information is extracted from partially
reconstructed records and documents provided by the Veteran’s
Administration.
The applicant enlisted in the Regular Air Force on 7 February 1980. He was
honorably discharged on 12 March 1982 under the provisions of AFR 39-12
because of Unsuitability-Apathy, Defective Attitude. He had served two
years, one month and six days on active duty.
Based on the loss of any record pertaining to the quality of the
applicant’s service or the events surrounding his separation, no advisory
opinion was prepared in this case.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI)
provided a copy of an investigative report pertaining to the former member
(Identification Record No. 889466PA7) (Exhibit D).
On 19 November 2004, the applicant was invited to submit information
pertaining to his post-service accomplishments and activities. On 30
November 2004, a copy of the Federal Bureau of Investigations (FBI) report
was forwarded to the applicant. To this date, no response has been
received to any of the above correspondence. (Exhibit C).
_________________________________________________________________
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 probable error or injustice. After careful consideration of
the available evidence, we found no indication that the actions taken to
effect his separation for unsuitability-apathy, defective attitude were
improper or contrary to the provisions of the governing regulations in
effect at the time. In addition, in view of the contents of the FBI
Identification Record we are not persuaded that the clemency is warranted
in this case. 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 probable material error or injustice; that the application
was denied without a personal appearance; and that the application will
only be reconsidered upon the submission
________________________________________________________________
The following members of the Board considered this application in Executive
Session on 18 January 2005, under the provisions of AFI 36-2603:
Mr. Robert S. Boyd, Panel Chair
Ms. Barbara J. White-Olson, Panel Member
Mr. Lanny Cawthon, Panel Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2004-02121.
Exhibit A. DD Form 149, dated 25 Jun 04.
Exhibit B. Applicant’s Available Personnel Records.
Exhibit C. Letters, AFBCMR, dated 19 Nov 04 & 30 Nov 04.
Exhibit D. FBI Report
ROBERT S. BOYD
Panel Chair
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