RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00504 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He believes it was unjust for him to be given a general (under honorable conditions) discharge. He served our country honorably for over six years and feels that an honorable discharge is justified and deserved. Following his discharge from active duty, he joined the Oregon Army National Guard and served honorably for an additional year. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Regular Air Force on 23 Apr 68. He is credited with a total of seven years, one month and four days of active duty service. Available records reflect that on 4 Aug 69, the applicant received an Article 15, Record of Nonjudicial Punishment, for being disorderly on station. He received a suspended reduction in grade to airman. On 8 May 70, he received an Article 15 for unlawfully providing alcoholic beverages to minors. He received a suspended reduction to airman, an ordered forfeiture of $34, and ordered to perform 14 days of extra duty. On 28 Sep 72, he received an Article 15 for failure to go to his appointed place of duty at the prescribed time. He received a suspended reduction in grade to airman first class, forfeiture of $75, and 30 days of base restriction. On 1 May 74, he received an Article 15 for being absent without leave (AWOL) from 16 Apr 74 to 22 Apr 74. He received a reduction in grade to airman first class and forfeiture of pay for $175 for two months. On 13 May 74, the applicant’s commander notified him of pending discharge action. Specifically, the commander cited the applicant’s apathetic and defective attitude and performance as the basis for discharge. The applicant acknowledged receipt on 15 May 74 and elected not to consult counsel or submit statements in his own behalf. On 22 May 74, the acting staff judge advocate found the discharge legally sufficient. On 4 Jun 74, the discharge authority directed discharge. He was discharged on 14 Jun 74 with a general (under honorable conditions) discharge. Pursuant to the Board’s request, the Federal Bureau of Investigations provided an investigative report which is at Exhibit C. A copy of the report and a request for post-service information were forwarded to the applicant on 30 Apr 10 for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response. _________________________________________________________________ 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 note the applicant has not shown an error or injustice occurred in the processing of his discharge. Further, we are not inclined to grant clemency based on the FBI report and a lack of post-service information. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ 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-2010-00504 in Executive Session on 13 July 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 3 Feb 10, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 30 Apr 10, w/atch.