RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03039 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to a general (under honorable conditions). _________________________________________________________________ APPLICANT CONTENDS THAT: He was told his discharge would be changed to honorable in seven years; however, he only seeks an upgrade to general. He is a senior citizen with a mild heart disease and would like to go to his grave with a general (under honorable conditions) discharge. He never applied for an upgrade of his discharge; however, he received a denial letter for the upgrade of his discharge in 1972. In support of his request, the applicant provides copies of personal statements, extracts from his personnel records, a DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States, a General Education Development (GED) certificate with attachments, and a letter from the Montana Department of Labor and Industry. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 6 Jul 71, the applicant entered the Regular Air Force. On 10 Jul 71, the applicant went absent without leave (AWOL) and voluntarily surrendered himself to authorities on 17 Jul 71. He was punished under Article 15, Uniform Code of Military Justice. On 19 Aug 71, the applicant provided a statement indicating he had a serious personal problem and that he was a homosexual. He further stated that he had engaged in numerous acts with other homosexuals prior to entering active duty and that he had been tempted to engage in homosexual acts while in the service. On 20 Aug to 17 Oct 71, he was placed in an AWOL status, and on 18 Sep 71, he was declared a deserter. On 18 Oct 71, he was apprehended by civil authorities and turned over to military control on 28 Oct 71. On 12 Nov 71, after consulting counsel, the applicant requested discharge for the good of the service. He signed a statement indicating he understood an undesirable discharge may deprive him of veterans’ benefits and that he may encounter substantial prejudice in civilian life. He further stated that he had used Lysergic Acid Diethylamide (LSD) about five or six times prior to entering the Air Force and, if standards had been different, he would not have been accepted into the military. Lastly, he was told he could be discharged for a character and behavior disorder (emotionally unstable personality based on drug use). On 17 Nov 71, he was diagnosed with having an emotionally unstable personality manifested by use of LSD, general inadaptability, and uncontrolled hostility. Further, medical personnel recommended that he be administratively separated. The staff judge advocate found the case legally sufficient and stated there was no evidence the applicant’s diagnosed character and behavior disorder had a significant casual relationship to his offense. He recommended discharge with an undesirable discharge. On 17 Nov 51, the discharge authority concurred and directed discharge. The applicant’s DD Form 214 reflects he was discharged on 2 Dec 71, with a UOTHC discharge. He was credited with 2 months and 22 days of active service and 66 days of lost time. On 16 Mar 72, the Air Force Discharge Review Board denied the applicant’s request for an upgrade of his discharge. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided an investigative report, which is at Exhibit C. On 23 Dec 10, a copy of the FBI report and a request for post-service information was forwarded to the applicant for a response within 30 days (Exhibit D). In response to the Board’s request, the applicant states he did not complete his enlistment mainly because he was not allowed to go to Vietnam. His dad was his hero and he wanted him to be proud of him. He requests the Board consider the fact that he had some mental issues. The applicant’s complete response 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. After a thorough review of the evidence of record and the applicant’s complete submission it our opinion that corrective action is not warranted. 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 that the characterization of his 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 grating the relief sought on that basis. In view of the foregoing, and in the absence of evidence to the contrary, we conclude that no basis exists to upgrade the applicant’s discharge. _________________________________________________________________ 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- 2010-03039 in Executive Session on 3 February 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered for Docket Number BC-2010-03039: Exhibit A. DD Form 149, dated 20 Aug 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 23 Dec 10, w/atch. Exhibit E. Letter, Applicant, dated 4 Jan 11.