RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03148
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 automatically be upgraded; however,
he did not realize he had to apply to get the discharge upgraded.
In support of his request, the applicant provides a copy of a
DD Form 293, Application for the Review of Discharge from the Armed
Forces of the United States.
His complete submission, with attachment, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 27 Jan 76.
His commander recommended him for discharge under the provisions of
AFM 39-12, Chapter 2, Section A, paragraph 2-4c. The specific
reason for his discharge was for apathy (having a defective
attitude and inability to expend effort constructively). He
received two Article 15s (one for possession of marijuana and the
other for failure to go) and a letter of reprimand for failing to
report for urinalysis testing. The applicant consulted with legal
counsel; however, he waived his right to submit statements on his
own behalf. The staff judge advocate concurred with the discharge
authority. The applicant received a general discharge effective
31 Mar 77. He served 1 year, 2 months, and 5 days on active duty
A request for information pertaining to her post-service activities
was forwarded to the applicant on 2 Nov 10 for response within
30 days (see Exhibit C). As of this date, the applicant has not
responded.
Pursuant to the BoardÂ’s request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C. On 2 Nov 10, a copy of the FBI report 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. 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 his service was contrary to the provisions of
the governing regulation, unduly harsh, or disproportionate to the
offenses committed. 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 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 this application in
Executive Session on 2 Dec 10, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence for Docket Number BC-2010-03148
was considered:
Exhibit A. DD Form 149, dated 18 Aug 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 2 Nov 10.
Panel Chair
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