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AF | BCMR | CY2013 | BC 2013 01846
Original file (BC 2013 01846.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01846

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded 
to honorable.  

________________________________________________________________

APPLICANT CONTENDS THAT:

He was young and has waited 32 years to put in this request.

The applicant’s complete submission, with attachment, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 21 Nov 79, the applicant commenced his enlistment in the 
Regular Air Force.

On 15 Jul 81, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for unsuitability 
(apathy and defective attitude).  The reasons for the action 
were the applicant received two Article 15s for misappropriating 
a government vehicle, failure to go, and wrongful use of 
marijuana; two Letters of Reprimand (LORs) for failure to pay or 
sign in at Chow Hall and failure to go to dental appointments; 
and three Letters of Counseling (LOCs) for reporting late for 
duty.

The applicant acknowledged receipt of the action and waived his 
rights to an administrative discharge board or to submit a 
statement in his own behalf.

On 21 Jul 81, the legal office reviewed the case and found it 
legally sufficient to support separation and recommended the 
applicant be furnished a general discharge without probation and 
rehabilitation.

On 22 Jul 81, the discharge authority directed the applicant be 
furnished a general discharge without probation and 
rehabilitation.  The applicant was so discharged on 23 Jul 81 
and was credited with one year, nine months, and three days 
total active service.

On 17 Jan 14, a request for post-service information was 
forwarded to the applicant for response within 30 days 
(Exhibit C).  As of this date, no response has been received by 
this office.  The request for post-service information was 
returned as undeliverable.

________________________________________________________________

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 for us to consider in determining 
whether or not the applicant’s activities since leaving the 
service are sufficient to overcome the misconduct for which he 
was discharged, we are not inclined to recommend granting the 
relief sought on that basis.  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-2013-01846 in Executive Session on 27 Feb 14, under 
the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 12 Apr 13.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFBCMR, dated 17 Jan 14, w/atch.




                                   Panel Chair

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