RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04336 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an Honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: The applicant makes no contentions. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 27 Jul 78. On 24 Mar 80, the applicant’s commander notified him that he was recommending his discharge from the Air Force for unsuitability. The specific reason for the action was his apathy and defective attitude toward prescribed standards of military deportment by receiving an Article 15 for failure to obey a lawful order, receiving three Letters of Reprimand (LOR), and six Records of Individual Counseling for various infractions. On 8 Apr 80, the applicant’s case was evaluated by an Evaluation Officer and he was found unsuitable for further military service in the Air Force. He was recommended for a general discharge. The legal office recommended approving the applicant’s general discharge. On 15 Apr 80, the applicant was furnished a general discharge for unsuitable – apathy, defective attitude and was credited with 1 year, 8 months and 19 days of total active service. On 28 May 14, a request for post-service information was forwarded to applicant for comment within 30 days. As of this date, no response has been received by this office (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 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 unsuitability 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 otherwise. In the interest of justice, we considered upgrading the discharge based on clemency; however, in the absence of any evidence related to his accomplishments since leaving the service, there is no way we can determine if his post-service accomplishments overcome the misconduct for which he was discharged. Therefore, in view of the above, and in the absence of evidence to the contrary, we conclude that no basis exists to upgrade the applicant’s general 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-2013-04336 in Executive Session on 8 Jul 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-04336 was considered: Exhibit A. DD Form 149, dated 14 Jul 13. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, AFBCMR, dated 28 May 14, w/atch. Panel Chair