RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04751 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded. ________________________________________________________________ APPLICANT CONTENDS THAT: Ample time has elapsed to warrant an upgrade of his discharge. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate that he enlisted in the Regular Air Force on 31 May 79. On 28 Jul 80, the applicant was notified by his commander of his intent to recommend his discharge from the Air Force for apathy, defective attitude, and inability to expend effort constructively. The reasons for the action included two incidences of failure to go to his appointed place of duty, one incidence of showing disrespect to a non-commissioned officer, one incidence of being absent from his organization without authority, and one incidence of defrauding the government by fraudulently issuing a base decal to an unauthorized individual. On 28 Jul 80, the applicant acknowledged receipt of the action and, after consulting with legal counsel, submitted a statement in his behalf. On 20 Aug 80, the case file was found legally sufficient and the discharge authority subsequently approved the commander’s recommendation. On 26 Aug 80, the applicant was furnished a general (under honorable conditions) discharge and was credited with 1 year, 2 months, and 20 days of total active service. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C. A copy of the FBI Investigative Report and a request for post- service information was forwarded to the applicant on 19 Apr 11 for review and comment 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 an 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 warranting corrective action. Based on the available evidence of record, it appears the applicant’s General (Under Honorable Conditions) discharge for unsuitability was consistent with the substantive requirements of the discharge regulation and within the discharge authority’s discretion. He has provided no evidence which would lead us to believe otherwise. We considered upgrading the discharge based on clemency; however, in the absence of any evidence related to the applicant’s post-service activities, we do not find the evidence presented sufficient for us to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we conclude that no basis exists to upgrade the applicant’s General (Under Honorable Conditions) discharge. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2010-04751 in Executive Session on 7 Sep 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Dec 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 19 Apr 11, w/atch.