RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00796 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He was young and inexperienced at the time. In support of his request, the applicant provides a letter from the Office of the Governor of the State of Ohio and copies of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant was honorably separated from the Army on 6 February 1963. He enlisted in the Regular Air Force on 29 October 1965 and was promoted to the grade of airman second class. On 27 November 1967, his commander notified the applicant that he was recommending his discharge from the Air Force under the provisions of AFM 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program, with a general discharge. The specific reasons for this action were: 1) He received two Article 15 actions for failure to pay a just debt and signing a false official document; 2) He was placed on the Control Roster for financial irresponsibility. The applicant acknowledged receipt of the notification of discharge, received advice from a military defense attorney. He waived his right to submit a rebuttal in his own behalf. The Staff Judge Advocate found the case file legally sufficient to support the separation and recommended the discharge be approved and that he receive a general discharge. On 29 December 1967, the discharge authority determined that a general discharge was appropriate in light of the applicant’s overall military record. On 5 January 1968, the applicant was discharged with a general discharge after completing 8 years, 9 months and 23 days total active service. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a copy of an Investigation Report (Exhibit C). On 1 June 2010, the FBI investigation and a request for post- service information were forwarded to the applicant for response within 30 days. As of this date, no response has been received by this office (Exhibit D). _________________________________________________________________ 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. The discharge appears to be in compliance with the governing directives and we find no evidence to indicate that his separation from the Air Force was inappropriate. We find no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of the applicant's appeal, we do not believe he has suffered from an injustice. In addition, based on his overall record of service, the contents of the FBI Report, and the limited documentation related to his post-service activities and accomplishments, we are not persuaded that an upgrade of the characterization of his discharge on the basis of clemency is warranted. 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 AFBCMR Docket Number BC-2010-00796 in Executive Session on 15 July 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 22 Feb 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Investigation, dated 16 Apr 10. Exhibit D. Letter, AFBCMR, dated 1 Jun 10.