RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02121
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

The narrative reason for his separation be changed.

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APPLICANT CONTENDS THAT:

He was not unsuitable for his job.  Everyone in his family has served in military service honorably, and his type of discharge is a real embarrassment.

In support of the application, the applicant submits his application.  The applicant's submission is at Exhibit A.

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STATEMENT OF FACTS:

The former member’s complete military records were either lost or destroyed.  The following information is extracted from partially reconstructed records and documents provided by the Veteran’s Administration.

The applicant enlisted in the Regular Air Force on 7 February 1980.  He was honorably discharged on 12 March 1982 under the provisions of AFR 39-12 because of Unsuitability-Apathy, Defective Attitude.  He had served two years, one month and six days on active duty.

Based on the loss of any record pertaining to the quality of the applicant’s service or the events surrounding his separation, no advisory opinion was prepared in this case.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an investigative report pertaining to the former member (Identification Record No.) (Exhibit D).

On 19 November 2004, the applicant was invited to submit information pertaining to his post-service accomplishments and activities.  On 30 November 2004, a copy of the Federal Bureau of Investigations (FBI) report was forwarded to the applicant.   To this date, no response has been received to any of the above correspondence.  (Exhibit C).

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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 probable error or injustice.  After careful consideration of the available evidence, we found no indication that the actions taken to effect his separation for unsuitability-apathy, defective attitude were improper or contrary to the provisions of the governing regulations in effect at the time.  In addition, in view of the contents of the FBI Identification Record we are not persuaded that the clemency is warranted in this case.  Having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on his request. 

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission 

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The following members of the Board considered this application in Executive Session on 18 January 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-02121.

	Exhibit A.  DD Form 149, dated 25 Jun 04.
	Exhibit B.  Applicant’s Available Personnel Records.

	Exhibit C.  Letters, AFBCMR, dated 19 Nov 04 & 30 Nov 04.
	Exhibit D.  FBI Report