RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05650

 			COUNSEL:  NONE

			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable and his narrative reason for separation be changed.


APPLICANT CONTENDS THAT:

His apathy/defective attitude was a result of his alcohol consumption for which no counseling was offered.  He has been 
sober for 14 years and believes this record will hinder his future employment with a good company.  

The applicant’s complete submission, with attachment, is at Exhibit A.


STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 25 April 1979.  On 31 July 1980, he was notified of his commander’s intent to 
discharge him from the Air Force for a defective attitude and inability to expend constructive effort to conform to Air Force 
standards.  Specifically he received two Article 15s, one Letter of Reprimand and three Letters of Counseling.  

On 31 July 1980, the applicant was counselled by the area defense counsel as to his rights and privileges under AFM 39-12, 
Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the 
Rehabilitation Program.  On 5 August 1980, an Evaluation Officer conducted an interview of the applicant and advised him of his 
commander’s intent to separate him and his right to submit statements on his behalf.

On 8 August 1980, the staff judge advocate found the discharge legally sufficient.  On 15 August 1980, the commander directed the 
applicant be discharged and furnished with a general discharge certificate.  He was separated on 15 August 1980 with a general 
(under honorable conditions) discharge and his narrative reason for separation was listed as apathy – defective attitude. 

On 29 October 2014, a request for post-service information was forwarded to the applicant for response within 30 days 
(Exhibit C).  As of this date, no response has been received by this office.


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 during the discharge process.  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, or unduly harsh.  In the interest of justice, we considered upgrading the applicant’s 
discharge on the basis of clemency; however, we found the evidence submitted insufficient to recommend granting the request on that 
basis.  Therefore, in view of the above and in the absence of evidence to the contrary, we find no basis upon which to recommend 
granting the relief sought.

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 issues involved.  Therefore, the request for a hearing is not favorably considered.


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-2013-05650 in Executive Session on 4 December 2014, under the provisions of 
AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05650 was considered:

	Exhibit A.  DD Form 149, dated 1 Dec 13, w/atch.
	Exhibit B.  Applicant's Master Personnel Record Excerpts.
	Exhibit C.  Letter, SAF/MRBR, dated 29 Oct 14.