RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03094
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was a functioning alcoholic when he was on active duty which
contributed to his administrative discharge. He no longer drinks
and has been sober for over 21 years.
In support of his request, the applicant provides an expanded
statement.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 14 Dec 72 the applicants commander notified him that he was
recommending his general (under honorable conditions) discharge
from the Air Force for misconduct. The reason for the action was
the applicant apathetic behavior and defective attitude as
evidenced by statements provided by his chain of command.
The applicant acknowledged receipt of the notification of
discharge and waived his rights to consult with legal counsel and
to submit statements in his own behalf.
On 20 Dec 72, the base legal office reviewed the case and found
it legally sufficient to support the action
On 22 Dec 72, the applicant was furnished a general (under
honorable conditions) discharge in accordance with AFM 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request
for Discharge for the Good of the Service and Procedures for the
Rehabilitation Program, for Apathetic Behavior and Defective
Attitude. He was credited with a total of one year, five months,
and eight days of total active service.
Pursuant to the Board's request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigation Report,
which is at Exhibit C.
On 2 May 12, a copy of the FBI report and a request for post-
service information was forwarded to the applicant for review and
response 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 occurred in the discharge process. Based on the
available evidence of record, it appears the applicants general
(under honorable conditions) discharge for misconduct 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 his
discharge was improper or contrary to the provisions of the
governing directive. In the interest of justice, 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 find no basis 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-2012-00160 in Executive Session on 23 Oct 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Aug 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, FBI Investigative Report.
Exhibit D. Letter, AFBCMR, dated 2 May 12.
Panel Chair
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