RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00510 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: The mishandling of his enlistment, by his recruiter, ultimately resulted in his general discharge. The applicant does not provide any evidence in support of his appeal. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force effective 19 October 1979 in the grade of airman basic. He served as a Medical Services Specialist and was progressively promoted to the grade of airman first class (E-3) with a date of rank of 19 October 1980. Information was later discovered that the applicant had concealed his prior military service in the Regular Army from 12 June 1972 to 17 May 1974. In addition, he concealed the fact he had been treated for alcoholism and had attended Alcoholics Anonymous meetings for treatment of his serious drinking problem. It was determined, that the applicant’s previous character of service would have preempted any consideration for a waiver for enlistment into the Air Force. On 24 August 1981, the applicant was notified of his commander’s intent to recommend him for an Under Other Than Honorable Conditions (UOTHC) discharge for fraudulent enlistment. On 20 August 1981, the applicant offered a conditional waiver of his rights associated with an administrative discharge board hearing, contingent upon his receipt of a general (under honorable conditions) discharge. On 28 August 1981, the Deputy Staff Judge Advocate found the case to be legally sufficient and recommended the commander accept the applicant’s conditional waiver. On 3 September 1981, the discharge authority approved the applicant’s conditional waiver and directed he be discharged with a general (under honorable conditions) discharge without probation or rehabilitation. On 11 September 1981, the applicant was discharged with a general (under honorable conditions) discharge for misconduct-fraudulent enlistment. He served 1 year, 10 months, and 23 days on active duty in the Regular Air Force. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a copy of an Investigation Report (Exhibit C). On 21 March 2011, the applicant was given an opportunity to submit comments about his post service activities and in response to the FBI Report (Exhibit D). The applicant responded by letter, with comments about his accomplishments since his discharge. The applicant’s complete submission 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. Furthermore, we do not find clemency is appropriate in this case in light of the contents of the FBI report and since the applicant has not provided any evidence concerning his post-service activities. Based on the foregoing, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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- 2011-00510 in Executive Session on 20 October 2011, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2011-00510: Exhibit A. DD Form 149, dated 10 Feb 11. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 21 Mar 11, w/atch. Exhibit E. Letter, Applicant, not dated. Panel Chair