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AF | BCMR | CY2013 | BC-2013-00873
Original file (BC-2013-00873.txt) Auto-classification: Denied

RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: DOCKET NUMBER: BC-2013-00873

		COUNSEL:  NONE

		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

After 42 years, he has shown to be a respectable individual and 
a very proud veteran.  The upgrading of his discharge is 
justified through his good citizenship.

In support of his appeal, the applicant provides his DD Form 
214, Armed Forces of the United States Report of Transfer or 
Discharge.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 23 September 
1970. On 13 June 1972, he was notified of his commander’s intent 
to discharge him from the Air Force after he was diagnosed with 
a character and behavior disorder rendering him unsuitable for 
military service.  The applicant was absent without leave from 
24 February 1972 through 4 March 1972 and he failed to go to his 
appointed place of duty on 3 April 1972.  The commander 
recommended his service be characterized as general.

The applicant was evaluated by an evaluation officer who found 
that he was not a suitable candidate for rehabilitation and that 
he should be furnished a general discharge.  On 18 July 1972, 
the staff judge advocate found the discharge legally sufficient 
and concurred with the applicant’s commander and the evaluation 
officer.  On 20 July 1972, the commander approved the discharge 
and directed he be separated with a general discharge.  The 
applicant was separated on 26 July 1972. 

On 2 December 1980, the Air Force Discharge Review Board Hearing 
Board considered and denied the applicant’s request to upgrade 
his discharge.

On 29 October 2013, 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 applicant’s 
discharge on the basis of clemency; however, we found the 
evidence submitted insufficient to compel us to recommend 
granting the request 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 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 AFBCMR Docket 
Number BC-2013-00873 in Executive Session on 3 December 2013, 
under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Feb 13, w/atch. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, SAF/MRBC, dated 29 Oct 13.



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