RECORD OF PROCEEDINGSAIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDSIN THE MATTER OF: DOCKET NUMBER: BC-2007-03705 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He had served for 3 years, 11 months, and 18 days prior to discharge and was only 12 days from his Expiration Term of Service (ETS).He has a service connected disability which is something he will have to live with for the rest of his life.The applicant's complete submission is at Exhibit _________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Regular Air Force on 9 Jul 80 and served for a period of 3 years, 11 months, and 18 days.On 7 Dec 83, the applicant received a Letter of Counseling for an unsatisfactory dormitory room.On 22 Feb 84, the applicant received a Letter of Reprimand for assaulting another airman.On 30 May 84, the applicant received an Article 15, Record of Nonjudicial Punishment, for filing a fraudulent travel claim.On 15 Jun 84, the applicant was notified of pending discharge actions. Specifically, the commander cited the applicant’s commission of a serious offense by presenting for approval and payment a false and fraudulent travel claim and other actions surrounding the claim. The applicant consulted counsel and waived his right to submit statements in his own behalf.On 22 Jun 84, the applicant’s case was found legally sufficient for discharge. The discharge authority directed a general (under honorable conditions) discharge without probation and rehabilitation. The applicant was discharged with a general discharge on 26 Jun 84.Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, 386542DA1, which is at Exhibit C. On 19 Feb 08, a copy of the FBI report was forwarded to applicant for review and comment within 30 days. As of this date, no response has been received by this office.On 19 Feb 08, a request for post-service information was forwarded to the applicant for response within 30 days (Exhibit D). 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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing. The applicant provided no facts warranting a change to his general discharge. Based on the documentation on file in the master personnel records (MPR), it appears the discharge was consistent with the substantive requirements of the discharge regulation. Additionally, we considered upgrading the discharge based on clemency; however, we find no compelling basis to recommend granting the 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. _________________________________________________________________ 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-2007-03705 in Executive Session on 1 Apr 08, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 Nov 07, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. AFBCMR Letter, dated 19 Feb 08.