RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02281 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He was young and immature and did not appreciate the serious effect his general discharge would have on him in his elder years. He was under the influence of drugs when he was charged with burglarizing a pharmacy. He believes he is entitled to an honorable discharge due to his total service record. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 18 Feb 75, the applicant entered active duty in the Regular Air Force and was progressively promoted to the grade of airman. Available records indicate on 1 Nov 75, the applicant was arrested for burglarizing a pharmacy and was held in a civilian jail. On 26 Nov 75, he was released from confinement. On 7 Apr 76, he was discharged in the grade of airman, under the provisions of AFM 39-12, Separation for Unsuitability, Unfitness or Misconduct; Resignation or Request for Discharge for the Good of the Service; and Procedures for the Rehabilitation Program, by reason of misconduct – civil court disposition. He served on active duty for 1 year and 25 days. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is attached at Exhibit C. On 11 Aug 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 (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 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, we do not find sufficient evidence to compel us to recommend granting the relief sought on that basis. 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 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-2011-02281 in Executive Session on 13 Sep 11, under the provisions of AFI 36-2603: The following documentary evidence pertaining to Docket Number BC-2011-02281 was considered: Exhibit A. DD Form 149, dated 15 Jun 11. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report of Investigation, dated 2 Aug 11. Exhibit D. Letter, SAF/MRBR, dated 11 Aug 11.