RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04751
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded.
________________________________________________________________
APPLICANT CONTENDS THAT:
Ample time has elapsed to warrant an upgrade of his discharge.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate that he
enlisted in the Regular Air Force on 31 May 79.
On 28 Jul 80, the applicant was notified by his commander of his
intent to recommend his discharge from the Air Force for apathy,
defective attitude, and inability to expend effort
constructively. The reasons for the action included two
incidences of failure to go to his appointed place of duty, one
incidence of showing disrespect to a non-commissioned officer,
one incidence of being absent from his organization without
authority, and one incidence of defrauding the government by
fraudulently issuing a base decal to an unauthorized individual.
On 28 Jul 80, the applicant acknowledged receipt of the action
and, after consulting with legal counsel, submitted a statement
in his behalf.
On 20 Aug 80, the case file was found legally sufficient and the
discharge authority subsequently approved the commanders
recommendation.
On 26 Aug 80, the applicant was furnished a general (under
honorable conditions) discharge and was credited with 1 year,
2 months, and 20 days of total active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C.
A copy of the FBI Investigative Report and a request for post-
service information was forwarded to the applicant on 19 Apr 11
for review and comment within 30 days. As of this date, no
response has been received by this office (Exhibit D).
________________________________________________________________
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 error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we find no evidence of an error or
injustice that warranting corrective action. Based on the
available evidence of record, it appears the applicants General
(Under Honorable Conditions) discharge for unsuitability was
consistent with the substantive requirements of the discharge
regulation and within the discharge authoritys discretion. He
has provided no evidence which would lead us to believe
otherwise. We considered upgrading the discharge based on
clemency; however, in the absence of any evidence related to the
applicants post-service activities, we do not find the evidence
presented sufficient for us to recommend granting the relief
sought on that basis. Therefore, in the absence of evidence to
the contrary, we conclude that no basis exists to upgrade the
applicants General (Under Honorable Conditions) discharge.
________________________________________________________________
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-2010-04751 in Executive Session on 7 Sep 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Dec 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 19 Apr 11, w/atch.
Panel Chair
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