RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02221
COUNSEL: NONE
XXXXXXXXX HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
In 1972 he was told that since they allowed amnesty to
individuals in Canada, he could request his records be upgraded.
In support of his request, the applicant provides a copy of his
DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge.
His complete submission, with attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 7 Aug 1968, the applicant enlisted in the Regular Air Force.
On 1 Aug 1972, his commander notified him that he was
recommending he be discharged under the provisions of AFM 39-12,
Separation for Unsuitability, Unfitness, Misconduct,
Resignation, or Request for Discharge for the Good of the
Service and Procedures for the Rehabilitation Program. The
specific reasons for his action was the applicant displayed a
negative attitude and has frequently been involved in violation
of civilian law and military regulations; e.g., drug possession,
failure to repair, absent without leave.
On 1 Aug 1972, the applicant acknowledged receipt of the
discharge notification.
On 4 Aug 1972, he was discharged from the Air Force with a
general (under honorable conditions) discharge. He served a
total of 3 years, 11 months and 18 days of active duty.
On 31 Jan 2014, a request for post-service information was
forwarded to the applicant for review and comment within 30 days
(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 an 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. In the interest of
justice, we considered upgrading the discharge based on
clemency; however, in the absence of any evidence related to the
applicants post-service activities, there is no way for us to
determine if the applicants accomplishments since leaving the
service are sufficiently meritorious to overcome the misconduct
for which he was discharged. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend granting
the relief sought.
________________________________________________________________
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 13 Mar 2014, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2013-02221:
Exhibit A. DD Form 149, dated 19 Apr 2013, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, undated, w/atch.
Panel Chair
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