RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-01948 COUNSEL:	NONE
HEARING DESIRED:	NO

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

APPLICANT CONTENDS THAT:
His discharge should be upgraded as he was discriminated against due to being a Native American.

The lack of communication and fact no one tried to understand him or communicate to him resulted in his characterization of service.

He has been fighting this for a long time and would like it resolved before he dies.

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

STATEMENT OF FACTS:
On 31 Aug 51, the applicant entered the Regular Air Force.
An extensive search by the National Personnel Record Center for copies of the applicant’s records revealed more likely than not his records were destroyed in the 1973 fire.

The reason and authority for separation listed on the applicant’s DD Form 214, Report of Separation from the Armed Forces of the United States, reflects AFR 39-16, Unsuitability.

On 20 Dec 52, the applicant was furnished a General (Under Honorable Conditions) discharge, and was credited with 1 year, 3 months, and 20 days of active service.

A request for post-service information was forward to the applicant on 5 Jun 15 for review and comment within 30 days. 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-2015-01948 in Executive Session on 8 Mar 16 under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Jul 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C.  Letter, SAF/MRBR, dated 5 Jun 15.