RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-04120 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His uncharacterized discharge be upgraded to a honorable discharge. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He was not mature at the time of his entry into the military and did not adapt well to military life. He has had no misconduct since his discharge and feels that his successful career accomplishments to date would be better served if his discharge was upgraded. In support of his appeal, the applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, college transcripts, and a Computer Learning Center completion certificate. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: On 16 October 1984, the applicant enlisted in the Regular Air Force at the age of 19 in the grade of airman basic (E-1) for a period of four years. On 15 January 1985, the applicant was counseled for reading non- technical material during normal class time. On 16 January 1985, he was reprimanded for the same behavior and for displaying a lack of improper behavior and a disregard for authority when questioned about his action. In addition, he was counseled for sitting in the back of the classroom after being told to sit in the front, for sexually harassing another airman, and for failing five progress checks in Block II. On 17 January 1985, he was counseled for failing progress check 4c twice. On 22 January 1985, he was counseled for failing five progress checks. He was counseled on 4 and 5 February 1985 for failing objective 3h twice and for numerous progress check failures. On 15 February 1985, the applicant was referred to the Human Development Center for evaluation. Their diagnosis included DSM III Axis I, B62.81, Other Interpersonal Problem; DSM III Axis I, V62.20, Occupational Problem; and DSM III, Axis II, Paranoid Personality Traits. On 25 February 1985, the applicant was counseled for sleeping in class. On 26 February 1985, the applicant was counseled concerning his course average, and assigned to supervised study. He was given remedial training for failing to update his locator card as required. On 28 February 1985, he was reprimanded for sleeping in class. On 1 March 1985, he was counseled for low grades. On 7 March 1985, he was counseled about his squadron commander’s intent to recommend him for separation from the Air Force. On 8 March 1985, he was counseled for failing to obey a direct order on 6 March 1985. He was reprimanded on 8 March 1985 for the same. On 15 March 1985, his commander notified the applicant of his intent to recommend him for discharge for entry level performance and conduct under the authority of AFR 39-10, paragraph 5-22. On 20 March 1985, the applicant acknowledged receipt of the notification, consulted counsel, and waived his right to submit statements in his own behalf. On 22 March 1985, the discharge authority approved the applicant’s discharge and directed he be furnished an entry-level separation without the opportunity to participate in a program of probation and rehabilitation. On 25 March 1985, the applicant was released from active duty with an entry level separation with a narrative reason for separation of Entry Level Performance and Conduct and an uncharacterized discharge. He was credited with five months and ten days of active duty. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a copy of an Investigation Report pertaining to the applicant. On 30 January 2008, a copy of the FBI report 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. On 30 January 2007, the applicant was given the opportunity to submit comments about his post service activities (Exhibit D). As of this date, this office has received no response. ________________________________________________________________ _ 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 considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us 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 this application in Executive Session on 20 March 2008, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2007-04120: Exhibit A. DD Form 149, dated 3 Dec 07, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 30 Jan 08, w/FBI Report. Exhibit D. Letter, AFBCMR, dated 30 Jan 08, w/atch.