RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04282 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He was told his discharge would be upgraded after six months. He had forgotten to change it and now that he is older, he would like his discharge characterization changed. In support of his request, the applicant provides a copy of his DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States. The applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 21 October 1968, the applicant enlisted in the Regular Air Force and was progressively promoted to the grade of senior airman. On 11 February 1970, the applicant was notified by his commander that he was recommending he be discharged from the Air Force under the provisions of AFM 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program. The specific reasons for this action were: 1) He received two Article 15s for being absent without authority (AWOL) and writing a bad check; 2) He received a Vacation of Suspension for being disorderly in station; 3) He received four counselings for disorderliness in the barrack, AWOL, failure to police-up, creating a fire hazard, and unauthorized entrance into the noncommissioned officer’s (NCO) club. The applicant acknowledged receipt of the notification of discharge, received advice from a military defense attorney. On 25 February 1970, the discharge authority determined that a general (under honorable conditions) discharge was appropriate in light of the applicant’s overall military record. On 5 March 1970, the applicant was discharged with a general (under honorable conditions) discharge after completing a period of 1 year, 4 months and 13 days total active service. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a copy of an Investigation Report (Exhibit C). On 19 January 2011, the FBI investigation and a request for post- service information were forwarded to the applicant for response within 30 days. As of this date, no response has been received by this office (Exhibit D). _________________________________________________________________ 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. The discharge appears to be in compliance with the governing directives and we find no evidence to indicate that his separation from the Air Force was inappropriate. We find no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of the applicant's appeal, we do not believe he has suffered from an injustice. In addition, based on his overall record of service and no documentation related to his post-service activities and accomplishments, we are not persuaded that an upgrade of the characterization of his discharge on the basis of clemency is warranted. ________________________________________________________________ THE BOARD DETERMINED 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-2010-04282 in Executive Session on 24 February 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Nov 10, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Response, dated 20 Dec 10. Exhibit D. Letter, AFBCMR, dated 19 Jan 11.