RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01680 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He was discharged for missing 3 days of work. He was in jail for speeding and does not feel that was a valid reason for his discharge from the service. He did not realize that he could have enlisted into another branch of the service. In support of his request, the applicant provides copies of his Master Personnel Record. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 21 November 1972. Under the provisions of Air Force Manual 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program, he was involuntarily separated on 21 August 1974 for unfitness, frequent involvement of a discreditable nature with civil or military authorities. He was credited with serving 1 year, 9 months and 1 day of active duty service. He received an under other than honorable discharge. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia provided a copy of an investigation report (Exhibit C). The applicant submitted several letters in support of his request. The letters attest to the applicant’s support for military funerals and welcome home events for troops returning from overseas combat missions. The applicant’s complete response, with attachments, is at Exhibit E. ________________________________________________________________ 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. After careful consideration of the applicant’s request and the available evidence of record, we see no evidence warranting a change of the applicant’s discharge characterization. The applicant has provided no evidence, which would lead us to believe the characterization of service was contrary to the provisions of the governing regulation, or unduly harsh. We considered upgrading the discharge based on clemency; however, based on the evidence submitted, we were not compelled to recommend granting the relief on that basis. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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-2011-01680 in Executive Session on 4 January 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Mar 11, w/ atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Investigative Report Exhibit D. Letter, AFBCMR, dated 15 Aug 11. Exhibit E. Applicant’s Response, dated