RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03382 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ _ APPLICANT CONTENDS THAT: “He was an irresponsible airman; however, he was always an honest and willing airman to support the mission.” He feels he was not represented very well in his defense. It has been a long time and he has wished many times to do it all over again, right. It has been a long time since his discharge and he has not been in legal trouble. He has learned to be more responsible, dependable, and a good American. He has grown to be a good person and a more responsible individual. He has always regretted being a poor airman and if given a chance again, he would hope that he would do the right thing all the time. He reflects all the time and wished he had done a better job while he was in the Air Force. He is proud to have served. The applicant's complete submission is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant entered the active duty Air Force on 19 Jun 74 and served for a period of 3 years, 11 months, and 1 day. Records indicate the applicant received 33 Letters of Reprimand and counselings for committing numerous offenses of failure to repair, uniform violations, failure to comply with rules, uttering dishonored checks, destroying government property, and possessing a deadly weapon. He received two Article 15s, Record of Nonjudicial Punishment, for negligently failing to secure his weapon and leaving it in a parking lot and without authority, failed to go at the prescribed time to his appointed place of duty. On 17 Apr 78, the applicant’s commander notified him of pending discharge actions. The applicant acknowledged receipt, and after consulting counsel, offered a conditional waiver of his rights associated with an administrative discharge board hearing contingent upon receipt of a general discharge. The applicant’s discharge was found legally sufficient by the staff judge advocate and on 11 May 78, the discharge authority directed that the applicant be discharged with a general (under honorable conditions) discharge. The applicant was discharged on 19 May 78 with a general (under honorable conditions) discharge. The applicant appealed in person to the Air Force Discharge Review Board for an upgrade of his discharge and a change his reenlistment code. The Board denied both requests on 14 Oct 80. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, 663233HB2, which is at Exhibit C. On 21 Dec 07, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office. On 21 Dec 07, a request for post-service information was forwarded to the applicant for response within 30 days (Exhibit D). As of this date, no response has been received by this office. Additionally, notwithstanding the absence of error or injustice, the Board has the prerogative to grant relief on the basis of clemency if so inclined. ________________________________________________________________ _ APPLICANT'S REVIEW OF FBI REPORT: A copy of the FBI report and post service information bulletin were forwarded to the applicant on 21 Dec 07 for review and comment within 30 days. As of this date, this office has received no response. ________________________________________________________________ _ 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. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ _ 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 Docket Number BC- 2007-03382 in Executive Session on 7 February 2008, under the provisions of AFI 36-2603: The following documentary evidence was considered for Docket Number BC-2007-03382: Exhibit A. DD Form 149, dated 4 Oct 07. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report Exhibit D. AFBCMR Letter, w/atchs, dated 21 Dec 07.