RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00418 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: 1. He received an Article 15 for a minor infraction when a friend tried to sell his albums without his knowledge. As a result, when he transferred duty stations he was denied a Top Secret security clearance. 2. He was a communications specialist and consequently was transferred to a maintenance unit as a pavement maintenance specialist. He states this was degrading and harsh punishment. 3. Considering the petty nature of the offense he was treated unfairly. He was going through his military records and noticed his discharge certificate reflected a general discharge. This has bothered him since the time of his discharge and he did not know he could have his discharge changed just by applying. In support of his request, the applicant provides a personal statement, copies of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge; AF Form 899, Permanent Change of Station Orders; AF Form 299, Request for Retraining and special orders. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 5 Nov 62, the applicant enlisted in the Regular Air Force in Air Force Specialty Code (AFSC) 291X0, which denotes Telecommunications Operations. Due to security clearance reasons, the applicant could not perform AFSC 291XO duties. On 17 Mar 65, the applicant was recommended for on-the-job retraining to AFSC 55130, which denotes Pavements Maintenance Specialist. On 2 Jul 65, he was discharged under the provisions of AFR 39- 17, Discharge of Airmen Because of Unfitness, with service characterized as general (under honorable conditions). He is credited with 2 years, 7 months and 28 days of active duty service. Attempts to obtain a copy of his discharge package have been unsuccessful. Therefore, the circumstances and facts surrounding his discharge are not available. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, states they we unable to identify an arrest record on the basis of the information furnished (Exhibit B). _________________________________________________________________ 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. Due to the limited records available and based upon the presumption of regularity in the conduct of governmental affairs, we must assume that the applicant's discharge was proper and in compliance with appropriate directives. We find no evidence of error or injustice in the available records and without evidence to support the applicant's appeal, we find no basis upon which to favorably consider this application. Therefore, in view of the foregoing, we conclude that no basis exists upon which to recommend favorable action on his request. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient 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. _________________________________________________________________ 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-2011-00418 in Executive Session on 15 Nov 12, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Forms 149, dated 2 Feb 11 and 26 Mar 12, w/atchs. Exhibit B. Negative FBI Report, dated 13 Apr 12. Panel Chair