RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-01614 INDEX CODE:	110.00
COUNSEL:	NONE
HEARING DESIRED: NOT INDICATED

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

APPLICANT CONTENDS THAT:
Applicant makes no contentions.
Applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 25 February 1976 and was progressively promoted to the grade of airman first class.

On 3 April 1979, the squadron commander notified the applicant that he was recommending he be discharged from the Air Force for having an apathetic and defective attitude. The commander recommended he receive a general (under honorable conditions) discharge. The reason for the proposed action was that he received numerous letters of reprimand and counseling for sleeping on duty, missing his appointments, receiving a traffic ticket, failure to go to appointed place of duty, being disrespectful, striking a fellow airman and making a statement about committing sabotage. He was advised of his rights and he acknowledged receipt of the notification on 4 April 1979. On 13 April 1979, the discharge authority recommended approval of his discharge.

On 17 April 1979, the applicant was discharged in the grade of airman first class, under the provisions of AFM 39-12, for Unsuitability – Apathy and defective attitude and was furnished a general (under honorable conditions) discharge.  He served 3 years,
1 month and 22 days of active military service.
In response to the Board's request, the Federal Bureau of Investigation (FBI) provided a copy of an investigative report pertaining to the applicant. Copies of the FBI report and request for post-service were forwarded to the applicant on 18 June 2008

for review and response within 30 days. He has not responded. (See Exhibit D).

On 18 June 2008, a request for post-service information was forwarded to the applicant for response within 30 days. He has not responded.

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. After careful consideration of the available evidence, we found no indication that the actions taken to effect his discharge were improper or based on factors other than his own misconduct. Likewise, the applicant has not shown that the discharge was improper or that the characterization of his discharge was inappropriate under the circumstances. Based on his overall record of service, and his apparent misconduct subsequent to service as indicated on the FBI Report of Investigation, we are not persuaded that an upgrade of the characterization of his discharge is warranted on the basis of clemency. Therefore, based on the available evidence of record, we find no basis upon which to favorably consider his request.

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-2008-01614 in Executive Session on 9 July 2008, under the provisions of AFI 36-2603:

Panel Chair
Member
Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-01614 was considered:

Exhibit A.	DD Form 149, dated 17 Apr 08.
Exhibit B.	Applicant's Master Personnel Records.
Exhibit C.	FBI Report of Investigation, dated 16 May 08. Exhibit D.	Letter, AFBCMR, dated 18 Jun 08.