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 applicants 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 applicants 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 applicants 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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