RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-02864
		INDEX CODE:  110.02
	xxxxxxxxxxxxxx	COUNSEL:  None
		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He would really appreciate his discharge be upgraded.  

Applicant provides no supporting documentation.  The applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 29 Jan 79, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1) for a period of 4 years.  He was progressively promoted to the grade of airman first class (E-3), with a date of rank of 29 Mar 80.  He received two Airman Performance Reports closing 28 Jan 80 and 9 Oct 80 in which the overall evaluations were 8 and 4, respectively.

On 28 Nov 79, he was arrested for driving while intoxicated.  For this incident, punishment under Article 15, Uniform Code of Military Justice (UCMJ), was imposed.  He received a suspended reduction to airman basic, and $50 forfeiture of his pay per month for two months.  

On 3 Apr 80, he received a letter of reprimand for failure to repair for scheduled formation – Driver Improvement Training.  

On 17 May 80, he cashed a check that was returned for insufficient funds.   

On 7 Aug 80, he received punishment under Article 15, UCMJ for failure to repair.  He was reduced to the grade of airman and $75 forfeiture of his pay for a month, suspended until 7 Aug 80.

On 28 Aug 80, he was convicted by civil court for disorderly intoxication.  For this incident, the suspension of his 7 Aug 80 punishment was vacated.

On 18 Sep 80, he received a letter of counseling on the duties and responsibilities of his job.

On 22 Oct 80, the applicant’s commander initiated discharge proceedings against him under the provisions of AFM 39-12, paragraph 2-4c for unsuitable-apathy.  The applicant was notified of his commander’s recommendation and that a general discharge was being recommended.  He was advised of his rights and consulted with counsel and elected not to submit statements in his own behalf.  In a legal review of the discharge case file, the staff judge advocate found it legally sufficient and recommended that he be discharged from the Air Force with a general discharge and concurred with the evaluation officer that the applicant not be considered for probation and rehabilitation.  On 10 Nov 80, the discharge authority directed he be discharged with a general discharge.  Subsequently, he was discharged on 18 Nov 80.  He served 1 year, 9 months, and 2 days on active duty. 

Pursuant to the Board’s request, the FBI provided a copy of an Investigative Report, No. 774108MC8, which is at Exhibit C.  On 29 Nov 07, a copy of the FBI report was forwarded to the applicant for review and comment within 14 days.  As of this date, no response has been received by this office.

On 29 Nov 07, a request for post-service information was forwarded to the applicant for response within 30 days.  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 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 the 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.  

_________________________________________________________________

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 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 Docket Number BC-2007-02864 in Executive Session on 22 Jan 08, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2007-02864 was considered:

    Exhibit A.  DD Form 149, dated 20 Aug 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Investigative Report No. 774108MC8, 
                dated 22 Oct 07.
    Exhibit D.  Letter, AFBCMR, dated 29 Nov 07.
    Exhibit E.  Letter, AFBCMR, dated 29 Nov 07, w/atch.