RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-01318 INDEX CODE:	110.02
XXXXXXX	COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:
He was having problems financially taking care of his family. He asked his commander for an early discharge so he could provide a better life for his family. He was told that the discharge would be of an honorable nature.

In support of his application, applicant provides a copy of DD Form 293, Application for The Review of Discharge from the Armed Forces of the United States.

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

STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 17 December 1963 for a period of four years.

On 29 September 1966, he was notified by his commander that he was recommending he be discharged from the Air Force under the provisions of AFR 39-17 (Unfitness) for repeatedly committing offenses contrary to the standards of conduct and good order. He received seven letters of indebtedness, a Letter of Reprimand for disorderly conduct and an Article 15 for failure to go at the prescribed time to his appointed place of duty. He was advised of his rights, he acknowledged receipt of the notification, and waived his entitlement to appear before a board. On 27 October 1966, the discharge authority recommended approval of his discharge. On 1 November 1966, he was discharged from the Air Force with a general discharge in the grade of airman third class.  He served 2 years, 10 months and 15 days on active duty.

In response to the Board's request, the Federal Bureau of Investigation (FBI) provided a copy of an investigative report pertaining to the applicant. A copy of the FBI report was forwarded to the applicant on 22 May 2008 for review and response within 30 days (See Exhibit D).

On 22 May 2008, a request for post-service information was forwarded to the applicant for response within 30 days.

APPLICANT'S REVIEW OF POST SERVICE INFORMATION:
The applicant states the entry on the FBI report pertaining to the ticket were dismissed and the arrest for battery was dropped and deemed to be self defense. After 40 years, he is currently retired due to a disability, and collecting social security disability.

Applicant's complete response, with attachments, is at Exhibit E.

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 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- 2008-01318 in Executive Session on 9 June 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2008-01318:

Exhibit A.	DD Form 149, dated 22 Mar 08, w/atch. Exhibit B.	Applicant's Master Personnel Records.
Exhibit C.	FBI Report of Investigation, dated 21 Apr 08. Exhibit D.	Letter, AFBCMR, dated 22 May 08.
Exhibit E.	Applicant’s response, undated.