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 applicants 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 commanders 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 applicants 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 applicants 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 applicants 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 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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