RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01526
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 be upgraded to honorable six
months after his separation from service.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 10 Jan 71, the applicant enlisted in the Regular Air Force.
Between 1 Jan 73 and 20 Jul 73, he received three (3) Article 15s
for various infractions (see Exhibit B). His commander found him
to be unsuitable for further military service and recommended he
be separated with a general discharge. The Assistant and Staff
Judge Advocate found the discharge case legally sufficient. On
14 Sep 73, the discharge authority approved the recommended
discharge. On 21 Sep 73, he was received a general (under
honorable conditions) discharge. He served two years, eight
months and seven days on active duty.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C. On 29 Oct 12, a copy of the FBI report
and request for post-service information 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. After careful
consideration of the available evidence, we found no indication
that the actions taken to affect his discharge were improper or
contrary to the provisions of the governing regulations in effect
at the time, or that the actions taken against the applicant were
based on factors other than his own misconduct. In the interest
of justice, we considered upgrading the characterization of the
applicants discharge based on clemency; however, in view of the
contents of the FBI Identification Record and in the absence of
any documentation relating to his post-service activities, we
find no basis to recommend upgrade on this basis. Therefore, 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 material error or injustice; that
the application was denied without a personal appearance; and
that 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 20 Feb 13, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2012-01526:
Exhibit A. DD Form 149, dated 20 Apr 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 21 May 12.
Exhibit D. Letter, AFBCMR, dated 29 Oct 12.
Panel Chair
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