RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-01538 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded to Honorable.

APPLICANT CONTENDS THAT:
He has never been convicted of a crime, has been an outstanding citizen, who has retired from the UTMB (University of Texas Medical Branch) after 29 years of service. Today, his appeal for clemency is based upon his conduct and contributions to society since his discharge.

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

STATEMENT OF FACTS:
On 4 Jan 78, the applicant entered the Regular Air Force.
On 17 July 81, the applicant informed his commander that he refused to accept rehabilitation, as he was not guilty of the offense in which he is being charged.

On 22 Jul 81, the applicant was notified by his commander that he was recommending for discharge for demonstrated apathy and defective attitude 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, Chapter 2, Section A, paragraph 2.4c.

On 30 Jul 81, the case was found legally sufficient.
On 31 Aug 81, the applicant waived his right to an administrative discharge board, and his right to submit statements on his own behalf, conditioned upon his receipt of a General discharge.

On 2 Sep 81, the discharge authority approved the applicant’s General (Under Honorable Conditions) discharge. He was not recommended for probation and rehabilitation.

On 3 Sep 81, the applicant was furnished a General, Under Honorable conditions discharge, and was credited with three years and eight months of active service.

On 18 Apr 15, a request for post-service information was forwarded to the applicant for review and comment 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 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.

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-2015-01538 in Executive Session on 17 Dec 17 under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member
The following documentary evidence was considered: Exhibit A.	DD Form 149, dated 13 Apr 15.
Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Letter, SAF/MRBR, dated 18 Apr 15.