RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-05143

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

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


APPLICANT CONTENDS THAT:

There was no error or injustice.  At the time of the discharge 
he was told that the status could be upgraded.

The applicant’s complete submission, with attachment, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
10 May 66.

On 13 Oct 67, the applicant was notified by his commander of his 
intent to recommend his discharge under the provisions of AFM 
39-12.  The basis for the action included the following:

	a.  On 30 Sep 66, the applicant was cited for reckless 
driving, for this he was verbally reprimanded, ordered to attend 
remedial drivers school and 14 days suspension of pass 
privileges.

	b.  On 20 Jul 67, the applicant was reprimanded for the 
unauthorized use of a base decal and on base operation of an 
automobile without proper insurance.

	c.  On 21 Jul 67 through 21 Aug 67, the applicant was tardy 
reporting to duty on five separate occasions.  For these 
infractions he was verbally admonished and counseled in writing.

	d.  On 8 Sep 67, the applicant failed to go at the 
prescribed time to his place of duty.  For this he reduced to 
the grade of A3C (E-2) and ordered to serve 30 days correctional 
custody.
	e.  On or about 20 Sep 67, the applicant failed to go.  For 
this he was reduced to the grade of AB (E-1) pursuant to Article 
15, Uniform Code of Military Justice (UCMJ).  

	f.  On 25 Sep 67, the applicant failed to obey a lawful 
order.  For this no action was taken.

On 23 Oct 67, the applicant acknowledged receipt of the action, 
consulted with legal counsel and waived his right to submit 
statements on his own behalf.

On 7 Nov 67, the action was found to be legally sufficient, 
subsequently the discharge authority concurred with the 
commander’s recommendation.

On 16 Nov 67, the applicant was furnished a general (under 
honorable conditions) discharge, and was credited with one year, 
6 months and 7 days of active service.   

On 13 Jan 15, 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.


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 an 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.  In the interest of 
justice, we considered upgrading the discharge based on 
clemency; however, in the absence of any evidence related to the 
applicant’s post-service activities, there is no way for us to 
determine if the applicant’s accomplishments since leaving the 
service are sufficiently meritorious to overcome the misconduct 
for which he was discharged .  Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief sought. 
THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2014-05143 in Executive Session on 13 Aug 15, under 
the provisions of AFI 36-2603:

	

The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-05143 was considered:

	Exhibit A.  DD Form 149, dated 14 Dec 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 13 Jan 15.
1 2