RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00647 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He messed up and let liquor get the best of him. He was a young man away from home for the first time. He was homesick and turned to drinking which he found hard to control. He was removed from his career field and remanded to janitorial service. Since he lost his career field, he asked to be discharged. In support of his appeal, the applicant provides a DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States, and copies of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, with an amendment. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force effective 18 May 1966 in the grade of airman basic. He was progressively promoted to the grade of airman second class (E-3) effective 1 August 1967. The applicant was arrested by civil authorities on or about 15 September 1967 for public drunkenness subsequent to being involved in an affray. He pleaded guilty to the charge and was given a 30-day suspended sentence for a period of 90 days. In addition, he received a Letter of Reprimand (LOR). On 24 February 1968, he received Article 15 punishment for being drunk and disorderly on station in violation of Article 134, Uniform Code of Military Justice (UCMJ). He received punishment consisting of forfeiture of $40 pay per month for two months and being restricted to the base for a period of 60 days. On 28 May 1968, the applicant was tried by Special Court-Martial for being drunk and disorderly on station and for assaulting an Air Policeman in the performance of his duties. As a result, the applicant received punishment consisting forfeiture of $99 pay per month for six months, reduction in grade to airman third class (E-2), and restriction to the base for two months. The convening authority subsequently modified the sentence to provide for a forfeiture of $50 pay per month for six months. On 23 August 1968, the applicant was notified of his commander’s intent to recommend him for a general (under honorable conditions) discharge for frequent involvement of a discreditable nature with civil or military authorities. The applicant acknowledged his commander’s intent and chose to waive his rights to a hearing before an administrative discharge board and to submit statements in his own behalf. In addition, he indicated he did not desire probation as outlined in Air Force Manuel (AFM) 39-12, Chapter 4. On 13 September 1968, the Staff Judge Advocate found the case to be legally sufficient. On 21 September 1968, the discharge authority approved the recommended discharge and directed the applicant be discharged with a general (under honorable conditions) discharge without probation or rehabilitation under the provisions of AFM 39-12, Chapter 2, Section B. On 27 September 1968, the applicant was discharged with a general (under honorable conditions) discharge. He served 2 year, 4 months, and 10 days 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 25 April 2011, 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. 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 Docket Number BC- 2011-00647 in Executive Session on 20 October 2011, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2011-00647: Exhibit A. DD Form 149, dated 16 Feb 11. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 25 Apr 11, w/atch. Panel Chair