RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02620
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was informed at the time of his discharge that six months subsequent to his discharge he would be able to upgrade his character of service from general to honorable.

In support of his request, the applicant provided a copy of his DD Form 214, Report of Separation from Active Duty.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 7 March 1973 in the grade of airman basic.  He was progressively promoted to the grade of airman first class having assumed that grade effective and with a date of rank of 14 August 1975.  On 9 July 1976, applicant was notified by his commander of his intent to recommend that his discharge from the Air Force under the provisions of AFM 39-12, chapter 2, section A, paragraph 2-4c (apathy, defective attitudes, and inability to expend effort constructively).  The specific reasons for this action were that the applicant had consistently been involved in incidents which violated regulated procedures and standards by sleeping on duty and leaving his place of duty.  He had shown complete disregard for safety and traffic regulations by operating a vehicle without a license, speeding on the flight line and using improper driving procedures around aircraft.  He failed to comply with established regulations by the use of his military identification card with the intent to deceive and his possession of marijuana.

He was advised of his rights in this matter and acknowledged receipt of the notification on that same date.  After consulting with counsel, applicant waived his right to a hearing before an administrative discharge board and elected not to submit statements on his own behalf.  In a legal review of the case file, the staff judge advocate found the case legally sufficient and recommended that he be discharged.  On 27 July 1976, the discharge authority concurred with the recommendations and directed his discharge with a general discharge.  Applicant was discharged on 28 July 1976.  He served 3 years, 4 months and 22 days on active duty.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an Investigative Report which is at Exhibit C.

On 8 August 2007, the applicant was provided the opportunity to respond to the Investigative Report and to provide documentation pertaining to his post-service activities, within 30 days (Exhibit D).  As of this date, this office has received no response.

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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 an 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 in the discharge processing.  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 his service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed.  We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis.  Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an 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.

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The following members of the Board considered AFBCMR Docket Number BC-2007-02620 in Executive Session on 3 January 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 11 August 2007, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report of Investigation.
   Exhibit D.  Letter, SAF/MRBC, dated 16 October 2007.