RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02221
			COUNSEL:  NONE
			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

In 1972 he was told that since “they” allowed amnesty to 
individuals in Canada, he could request his records be upgraded.

In support of his request, the applicant provides a copy of his 
DD Form 214, Armed Forces of the United States – Report of 
Transfer or Discharge.

His complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

On 7 Aug 1968, the applicant enlisted in the Regular Air Force. 

On 1 Aug 1972, 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.  The 
specific reasons for his action was the applicant displayed a 
negative attitude and has frequently been involved in violation 
of civilian law and military regulations; e.g., drug possession, 
failure to repair, absent without leave. 
 
On 1 Aug 1972, the applicant acknowledged receipt of the 
discharge notification.

On 4 Aug 1972, he was discharged from the Air Force with a 
general (under honorable conditions) discharge.  He served a 
total of 3 years, 11 months and 18 days of active duty.

On 31 Jan 2014, a request for post-service information was 
forwarded to the applicant for review and comment within 30 days 
(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 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 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, in the absence of any evidence related to the 
applicant’s post-service activities, there is no way for us to 
determine if the applicant’s accomplishments since leaving the 
service are sufficiently meritorious to overcome the misconduct 
for which he was discharged.  Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief sought.

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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.

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The following members of the Board considered this application 
in Executive Session on 13 Mar 2014, under the provisions of AFI 
36-2603:

      , Panel Chair
      , Member
      , Member


The following documentary evidence was considered in AFBCMR BC-
2013-02221:

    Exhibit A.  DD Form 149, dated 19 Apr 2013, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFBCMR, undated, w/atch.




                                    
                                   Panel Chair