RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-04049 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: His under other than honorable conditions (undesirable) discharge be upgraded to honorable. ________________________________________________________________ _ APPLICANT CONTENDS THAT: At the time of his discharge his military attorney assured him that after two years without any further incidents his discharge would convert to honorable. He has been straight since 1970. He has not had any alcohol in over 30 years. He is a solid citizen and has a wonderful family. In support of his request, applicant provided his personal statement and five character references. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: Applicant enlisted in the Regular Air Force on 26 Jun 67, for a period of four years in the grade of airman basic. His commander recommended appropriate action be initiated under the provisions of AFM 39-12 to separate him with an undesirable discharge for a history of incidents of a discreditable nature. The following is the basis of the commander’s recommendation: a. Applicant received an Article 15 for being drunk on station on or about (o/a) 25 Mar 68. b. Applicant received an Article 15 for failure to go to his appointed place of duty o/a 2 Jul 68. c. Applicant received a Summary court-martial for having a female guest in his barracks room o/a 31 Jul 68. d. Applicant received an Article 15 for using provoking words towards another airman o/a 22 Feb 69. e. Applicant received an Article 15 for being disorderly on station o/a 13 May 69. f. Applicant was pending a Special court-martial at the time of his discharge for reckless driving, wrongful appropriation of a vehicle, and failure to go. On 27 May 69, after consulting with counsel, applicant requested discharge for the good of the service and acknowledged that if his request for discharge was approved, he could receive an undesirable discharge. The discharge authority approved applicant’s request and he was discharged on 7 Jul 69, in the grade of airman basic, under the provisions of AFM 39-12, by reason of request for discharge for the good of the service, with service characterized as under other than honorable conditions (undesirable). He served on active duty for a period of 2 years and 12 days. Pursuant to the Board’s request on 23 Jan 08, the Federal Bureau of Investigation, Clarksburg, West Virginia, indicated on 25 Jan 08, that, on the basis of data furnished, they are unable to locate an arrest record (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 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. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis. Therefore, 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 issue involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 Docket Number BC-2007-04049 in Executive Session on 28 February 2008, under the provisions of AFI 36-2603: The following documentary evidence pertaining to Docket Number BC-2007-04049 was considered: Exhibit A. DD Form 149, undated, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Negative Reply, dated 25 Jan 08.