RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS.


IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-01538

      COUNSEL:  NONE

							HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His General (Under Honorable Conditions) discharge be upgraded 
to Honorable.


APPLICANT CONTENDS THAT:

He has never been convicted of a crime, has been an outstanding 
citizen, who has retired from the UTMB (University of Texas 
Medical Branch) after 29 years of service.  Today, his appeal 
for clemency is based upon his conduct and contributions to 
society since his discharge.

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


STATEMENT OF FACTS:

On 4 Jan 78, the applicant entered the Regular Air Force.

On 17 July 81, the applicant informed his commander that he 
refused to accept rehabilitation, as he was not guilty of the 
offense in which he is being charged.

On 22 Jul 81, the applicant was notified by his commander that 
he was recommending for discharge for demonstrated apathy and 
defective attitude in accordance with AFM 39-12, Separation for 
Unsuitability, Misconduct, Resignation, or Request for Discharge 
for the Good of the Service and Procedures for the 
Rehabilitation Program, Chapter 2, Section A, paragraph 2.4c.

On 30 Jul 81, the case was found legally sufficient.

On 31 Aug 81, the applicant waived his right to an 
administrative discharge board, and his right to submit 
statements on his own behalf, conditioned upon his receipt of a 
General discharge.

On 2 Sep 81, the discharge authority approved the applicant’s 
General (Under Honorable Conditions) discharge.  He was not 
recommended for probation and rehabilitation. 
On 3 Sep 81, the applicant was furnished a General, Under 
Honorable conditions discharge, and was credited with three 
years and eight months of active service. 

On 18 Apr 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-2015-01538 in Executive Session on 17 Dec 17 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 13 Apr 15.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 18 Apr 15.