RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02344 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He served his country honorably for nineteen months. In support of his appeal, the applicant provides a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, and two Airman Performance Reports. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who entered active duty on 13 February 1963 and was promoted to the grade of airman third class (E-2) with a date of rank of 10 February 1964. On 10 November 1964, the applicant was notified that his commander was recommending him for a general discharge for conduct which resulted in the applicant receiving Article 15, Uniform Code of Military Justice (UCMJ), punishment for assault; two incidents of failure to obey a lawful order; failure to repair; rejecting counseling and rehabilitation efforts, and displaying neither desire or interest in conforming to military life. On 12 November 1964, an appointed Evaluation Officer (EO) recommended the applicant be discharged under the provisions of Air Force Regulation 39-16 with a general discharge. The EO noted the applicant elected not to submit additional data in his behalf. The commander approved the recommended discharge and directed the applicant be issued a General Discharge Certificate. On 12 November 1964, the applicant was discharged from active duty with a general (under honorable conditions) discharge. He served one year and nine months on active duty. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a copy of an Investigation Report (Exhibit C). On 26 August 2010, the applicant was given an opportunity to submit comments about his post service activities and in response to the FBI Report (Exhibit D). As of this date, this office has received no 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 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. Furthermore, we do not find clemency is appropriate in this case since the applicant has not provided any evidence concerning his post-service activities. Based on the foregoing, 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 AFBCMR Docket Number BC-2010-02344 in Executive Session on 24 March 2011, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-02344 was considered: Exhibit A. DD Form 149, dated 23 Jun 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 26 Aug 10.