RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00326
		COUNSEL:
	XXXXXXX	HEARING DESIRED:  NOT INDICATED

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded 
to “Honorable.”

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APPLICANT CONTENDS THAT:

He did not follow through with the proper treatment for self-
medication and was given a Bad Conduct Discharge (BCD).  The Air 
Force Discharge Review Board (AFDRB) upgraded his discharge to 
general (under honorable conditions).

In support of his request the applicant provides a copy of VA 
Form 21-4138, Statement in Support of Claim.

His complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

On 11 Jun 1971, the applicant enlisted in the Regular Air Force 
for a period of four years.

On 25 Jun 1974, he pled guilty in a special court-martial to 
three specifications of failure to obey an order or regulation, 
in violation of Article 92, Uniform Code of Military Justice 
(UCMJ).  At the special court-martial and before a military 
judge alone, he was found guilty of the charge and its 
specifications.  He was sentenced to a BCD, forfeiture of 
$200.00 pay per month for four months, confined at hard labor 
for four months and reduction to the grade of Airman Basic (AB, 
E-1).

On 6 Feb 1975, he was separated with a Under Other Than 
Honorable Conditions (UOTHC) discharge [sic].  He served a total 
of 3 years, 2 months and 14 days of active duty.

On 23 Sep 1975, the applicant submitted a request to the AFDRB 
for an upgrade to his discharge.

On 15 Dec 1975, the applicant was notified that the AFDRB 
considered his application and concluded the character of his 
discharge be changed to general (under honorable conditions). 

On 6 Sep 2013, a request for post-service information was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit C), as of this date, no response has been received by 
this office.

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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.  We note that the 
AFDRB previously upgraded his discharge to general (under 
honorable conditions).  In the interest of justice, we 
considered upgrading the discharge based on clemency; however, 
we do not find the evidence presented is sufficient to compel us 
to recommend granting additional 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 in 
this application.

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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.

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The following members of the Board considered this application 
in Executive Session on 29 Sep 2013, under the provisions of AFI 
36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered in AFBCMR BC-
2013-00326:

    Exhibit A.  DD Form 149, dated 12 Dec 2012, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFBCMR, dated 6 Sep 2013.
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