RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04336
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to an Honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
The applicant makes no contentions.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 27 Jul 78.
On 24 Mar 80, the applicants commander notified him that he was
recommending his discharge from the Air Force for unsuitability.
The specific reason for the action was his apathy and defective
attitude toward prescribed standards of military deportment by
receiving an Article 15 for failure to obey a lawful order,
receiving three Letters of Reprimand (LOR), and six Records of
Individual Counseling for various infractions.
On 8 Apr 80, the applicants case was evaluated by an Evaluation
Officer and he was found unsuitable for further military service
in the Air Force. He was recommended for a general discharge.
The legal office recommended approving the applicants general
discharge.
On 15 Apr 80, the applicant was furnished a general discharge
for unsuitable apathy, defective attitude and was credited
with 1 year, 8 months and 19 days of total active service.
On 28 May 14, a request for post-service information was
forwarded to applicant for comment within 30 days. As of this
date, no response has been received by this office (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 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 unsuitability 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
otherwise. In the interest of justice, we considered upgrading
the discharge based on clemency; however, in the absence of any
evidence related to his accomplishments since leaving the
service, there is no way we can determine if his post-service
accomplishments overcome the misconduct for which he was
discharged. Therefore, in view of the above, and in the absence
of evidence to the contrary, we conclude that no basis exists to
upgrade the applicants general 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-2013-04336 in Executive Session on 8 Jul 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-04336 was considered:
Exhibit A. DD Form 149, dated 14 Jul 13.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFBCMR, dated 28 May 14, w/atch.
Panel Chair
3
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