RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01856 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He was young and was under stress due to his marital situation and requested to be discharged. The applicant’s complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 1 Nov 71, the applicant contracted his enlistment in the Regular Air Force. On 24 Apr 73, the applicant’s commander notified him that he was recommending his discharge from the Air Force for apathy and defective attitude. The specific reasons for the discharge action were that he received two Article 15s for being absent without leave. An evaluation officer was appointed to review his case. The evaluation officer conducted an interview with the applicant, reviewed the applicant’s records and comments by his commander, and advised him of his rights. The applicant acknowledged receipt of the notification for discharge and, after consulting with the evaluation officer, waived his right to submit statements in his own behalf. The evaluation officer recommended separation with a under honorable conditions (general) discharge without probation and rehabilitation. On 15 May 73, the discharge authority concurred with the findings and recommendations and directed a general discharge without probation and rehabilitation. The applicant was furnished a general (under honorable conditions) discharge on 21 May 73 and he was credited with 1 year, 6 months and 12 days of active service. Pursuant to the Board’s request, the Federal Bureau of Investigation indicated that on the basis of the data furnished, they were unable to locate an arrest record (Exhibit C). _________________________________________________________________ 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, unduly harsh, or disproportionate to the offenses committed. We considered upgrading the discharge based on clemency; however, in the absence of any evidence related to the applicant’s activities since leaving the service, we are not inclined to recommend granting the relief sought on that basis. However, should the applicant decide to submit documentation related to his post-service activities, we may be inclined to reconsider his case based on the submission of new relevant evidence. 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 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- 2011-01856 in Executive Session on 19 Jan 12, under the provisions of AFI 36-2603: The following documentary evidence pertaining was considered: Exhibit A. DD Form 149, dated 11 May 11. Exhibit B. Applicant's Master Military Personnel Records.