RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05650
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable and his narrative reason for separation be changed.
APPLICANT CONTENDS THAT:
His apathy/defective attitude was a result of his alcohol
consumption for which no counseling was offered. He has been
sober for 14 years and believes this record will hinder his future
employment with a good company.
The applicants complete submission, with attachment, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 25 April 1979.
On 31 July 1980, he was notified of his commanders intent to
discharge him from the Air Force for a defective attitude and
inability to expend constructive effort to conform to Air Force
standards. Specifically he received two Article 15s, one Letter
of Reprimand and three Letters of Counseling.
On 31 July 1980, the applicant was counselled by the area defense
counsel as to his rights and privileges under AFM 39-12,
Separation for Unsuitability, Misconduct, Resignation, or Request
for Discharge for the Good of the Service and Procedures for the
Rehabilitation Program. On 5 August 1980, an Evaluation Officer
conducted an interview of the applicant and advised him of his
commanders intent to separate him and his right to submit
statements on his behalf.
On 8 August 1980, the staff judge advocate found the discharge
legally sufficient. On 15 August 1980, the commander directed the
applicant be discharged and furnished with a general discharge
certificate. He was separated on 15 August 1980 with a general
(under honorable conditions) discharge and his narrative reason
for separation was listed as apathy defective attitude.
On 29 October 2014, 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 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 during the discharge process. 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, or unduly harsh. In the
interest of justice, we considered upgrading the applicants
discharge on the basis of clemency; however, we found the evidence
submitted insufficient to recommend granting the request on that
basis. Therefore, in view of the above and in the absence of
evidence to the contrary, we find no basis upon which to recommend
granting the relief sought.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
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-2013-05650 in Executive Session on 4 December 2014, under the
provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-05650 was considered:
Exhibit A. DD Form 149, dated 1 Dec 13, w/atch.
Exhibit B. Applicant's Master Personnel Record Excerpts.
Exhibit C. Letter, SAF/MRBR, dated 29 Oct 14.
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