RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04875

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

During the time period in question - he was young and misled.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 6 August 1969.

On 30 June 1971, the applicant was notified by his commander of his intent to recommend that he be discharged from the Air Force under the provisions of AFM 39-12 (Apathy and Defective Attitude).  The specific reason is the applicant’s complete lack of interest in his job, his training, and the Air Force in general have rendered him to be below the acceptable standards required by the Air Force.· He was removed from training on 5 March 1971 for complete lack of interest in his AFSC and the Air Force in general.  Since then, he had shown a complete lack of interest in being upgraded and have refused to test for upgrading.  In view of his limited qualifications, and because of his lack of interest and ability, discharge action was taken.

The applicant was advised of his rights in this matter and after consulting with counsel on 12 July 1971, the applicant waived his rights to submit a statement on his own behalf.

On 16 July 1971, the discharge authority concurred with the recommendation.

On 21 July 1971, the applicant was furnished a general (under honorable conditions) discharge and was credited with 1 year, 11 months, and 15 days of active service.

On 19 September 2016, a request for information pertaining to his post-service activities was forwarded to the applicant for review and 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 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, based on the evidence before us, we find no basis to grant clemency at this time.  Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought in this application.

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-2015-04875 in Executive Session on 14 March 2017 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 12 November 2015.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 19 September 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.