RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00654
		COUNSEL:  NONE
	XXXXXXX	HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded 
to “honorable.”

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APPLICANT CONTENDS THAT:

His record of service in the Air Force was honorable.

In support of his request, the applicant provides a personal 
statement and copies of his DD Form 214, Certificate of Release 
or Discharge from Active Duty and DD Form 215, Correction to DD 
Form 214.

His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 12 Jun 1979, the applicant enlisted in the Regular Air Force 
for a period of four years.

On 12 Mar 1980, his commander notified him that he was 
recommending he be discharged under the provisions of AFM 39-12, 
Separation for Unsuitability, Unfitness, Misconduct, 
Resignation, or Request for Discharge for the Good of the 
Service and Procedures for the Rehabilitation Program, for 
fraudulent enlistment in the Air Force.  The reason for this 
action was that at the time of his enlistment, he willfully and 
wrongfully concealed a record of prior service in the Army which 
would have made him ineligible for enlistment in the Air Force 
under directives in effect at time of enlistment.

On 12 Mar 1980, the applicant acknowledged receipt of the 
discharge notification and on 25 Mar 1989, he provided a 
rebuttal to the Administrative Discharge Action.

On 1 Apr 1980, the Staff Judge Advocate found the discharge 
legally sufficient.

On 4 Apr 1980, the applicant was discharged with a general 
(under honorable conditions) discharge.

On 4 Dec 2013, a request for post-service information 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 C).

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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.  In the interest of 
justice, we considered upgrading the discharge based on 
clemency; however, we do not find the evidence presented is 
sufficient to compel us to recommend granting additional 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 in this application.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.

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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 this application in Executive Session on 27 Jan 2014, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered in AFBCMR BC-2013-00654:

    Exhibit A.  DD Form 149, dated 4 Feb 2013, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFBCMR, undated, w/atch.
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