RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01856
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was young and was under stress due to his marital situation and
requested to be discharged.
The applicants complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 Nov 71, the applicant contracted his enlistment in the Regular
Air Force.
On 24 Apr 73, the applicants commander notified him that he was
recommending his discharge from the Air Force for apathy and defective
attitude. The specific reasons for the discharge action were that he
received two Article 15s for being absent without leave.
An evaluation officer was appointed to review his case. The
evaluation officer conducted an interview with the applicant, reviewed
the applicants records and comments by his commander, and advised him
of his rights. The applicant acknowledged receipt of the notification
for discharge and, after consulting with the evaluation officer,
waived his right to submit statements in his own behalf. The
evaluation officer recommended separation with a under honorable
conditions (general) discharge without probation and rehabilitation.
On 15 May 73, the discharge authority concurred with the findings and
recommendations and directed a general discharge without probation and
rehabilitation.
The applicant was furnished a general (under honorable conditions)
discharge on 21 May 73 and he was credited with 1 year, 6 months and
12 days of active service.
Pursuant to the Boards request, the Federal Bureau of Investigation
indicated that on the basis of the data furnished, they were unable to
locate an arrest record (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 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 the service was
contrary to the provisions of the governing regulation, unduly harsh,
or disproportionate to the offenses committed. We considered
upgrading the discharge based on clemency; however, in the absence of
any evidence related to the applicants activities since leaving the
service, we are not inclined to recommend granting the relief sought
on that basis. However, should the applicant decide to submit
documentation related to his post-service activities, we may be
inclined to reconsider his case based on the submission of new
relevant evidence. 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 AFBCMR Docket Number BC-
2011-01856 in Executive Session on 19 Jan 12, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining was considered:
Exhibit A. DD Form 149, dated 11 May 11.
Exhibit B. Applicant's Master Military Personnel Records.
Panel Chair
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