RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03094 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He was a functioning alcoholic when he was on active duty which contributed to his administrative discharge. He no longer drinks and has been sober for over 21 years. In support of his request, the applicant provides an expanded statement. The applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 14 Dec 72 the applicant’s commander notified him that he was recommending his general (under honorable conditions) discharge from the Air Force for misconduct. The reason for the action was the applicant apathetic behavior and defective attitude as evidenced by statements provided by his chain of command. The applicant acknowledged receipt of the notification of discharge and waived his rights to consult with legal counsel and to submit statements in his own behalf. On 20 Dec 72, the base legal office reviewed the case and found it legally sufficient to support the action On 22 Dec 72, the applicant was furnished a general (under honorable conditions) discharge in accordance with AFM 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program, for Apathetic Behavior and Defective Attitude. He was credited with a total of one year, five months, and eight days of total active service. Pursuant to the Board's request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigation Report, which is at Exhibit C. On 2 May 12, a copy of the FBI report and a request for post- service information was forwarded to the applicant for review and response 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 occurred in the discharge process. Based on the available evidence of record, it appears the applicant’s general (under honorable conditions) discharge for misconduct 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 his discharge was improper or contrary to the provisions of the governing directive. In the interest of justice, 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 find no basis 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-2012-00160 in Executive Session on 23 Oct 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 4 Aug 11, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, FBI Investigative Report. Exhibit D. Letter, AFBCMR, dated 2 May 12.