RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00630 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He has become a stellar citizen since serving in the Air Force. He would like his records reviewed in hope of getting his discharge upgraded. He completed his General Education Diploma (GED) in 1971; he graduated with his first Bachelor of Science Degree in Business Administration and a second Bachelor of Science Degree in Petroleum Land Management. He is not arguing the fact that he was late for duty on numerous occasions; however, he had extenuating family issues such as his father not recognizing him, and becoming a husband and father at a young age. His father was diagnosed with colon cancer in Nov 72; he was devastated because his father was his best friend. He is the eldest of eight siblings who looked to him for guidance and leadership. He believes he was immature and not ready to be the role model that his siblings were looking for. He receives all benefits as a veteran with his general discharge, except for being allowed to wear the Air Force uniform and burial priviledges at a military cemetery. He is 60 years old now and would like to frame an honorable discharge certificate on his wall for his children and grandchildren to see. In support of his request, the applicant provides a personal statement. His complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 4 Jun 71. His commander recommended him for discharge under the provisions of AFM 39-12, Chapter 2, Section B, paragraph 2-15a. The specific reasons for his discharge were for failure to repair on several occasions, for using disrespectful language to a superior noncommissioned officer, and for leaving his room in a filthy condition. The applicant received four Article 15s and a Letter of Reprimand for his actions. After a legal review, the staff judge advocate found the case legally sufficient. The applicant received a general discharge on 5 Jun 74 after serving 3 years and 2 days on active duty. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C. On 2 Jun 11, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office. On 2 Jun 11, a request for information pertaining to his post- service activities was forwarded to the applicant for response within 30 days. _________________________________________________________________ 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. It appears the applicant is requesting upgrade of his discharge on the basis of clemency due to the passage of time. While we commend his efforts since leaving service and his apparent post-service adjustment, we believe the general discharge he currently has is the most appropriate characterization of his service and properly reflects the circumstances of his discharge. As such, we do not find that clemency is warranted. 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 AFBCMR Docket Number BC-2011-00630 in Executive Session on 7 Jul 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Feb 11, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 2 Jun 11. Panel Chair