RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00264 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable discharge. ________________________________________________________________ _ APPLICANT CONTENDS THAT: Prior to his civil conviction, he was informed that he could request to resign from the Air National Guard (ANG) and he would receive an honorable discharge. In support of his request, the applicant provided a personal statement and documents extracted from his military personnel records. Applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The administrative discharge file is missing from the applicant's military personnel records; therefore, the facts surrounding his misconduct leading to his discharge cannot be verified. Available records indicate the applicant with 15 years and 28 days of active duty service was discharged from the ANG on 15 January 1988 under the provisions of ANGR 39-10, with a general (under honorable conditions) discharge. On 19 February 2009, the Board staff requested the applicant provide documentation pertaining to his post-service activities, within 30 days (Exhibit C). His response is at Exhibit G. Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, provided an arrest record which is at Exhibit D. On 3 March 2009, a copy of the FBI Report of Investigation was forwarded to the applicant for review and response within 30 days (Exhibit E). The applicant provided a response which is at Exhibit F. ________________________________________________________________ _ 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 that would lead us to believe the characterization of his service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to his misconduct. 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 the evidence presented did not demonstrate the existence of an 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 this application in Executive Session on 21 April 2009, under the provisions of AFI 36-2603: XXXXXXXXXXXXXXX, Panel Chair XXXXXXXXXXXXXXX, Member XXXXXXXXXXXXXXX, Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-00264 was considered: Exhibit A. DD Form 149, dated 28 July 2007, w/atchs. Exhibit B. Applicant's Master Personnel Record. Exhibit C. Letter, SAF/MRBC, dated 19 February 2009. Exhibit D. FBI Report of Investigation. Exhibit E. Letter, SAF/MRBC, dated 3 March 2009. Exhibit F. Letter, Applicant, dated 10 March 2009. Exhibit G. Letter, Applicant, dated 10 March 2009, w/atchs.