RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-00863 INDEX CODE:	110.02
XXXXXXX	COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:
During his tenure in service, his first time away from the inner city, he had youthful indiscretions testing the boundaries of authority. He is requesting remediation in pursuit of his personal integrity and dignity. He is asking the Board to consider his request wholeheartedly and extend judicial prudence. In advance, he thanks the Board for their time and effort in considering his discharge upgrade.

Applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 3 August 1982 for a period of four years and was progressively promoted to the grade of sergeant.

On 28 April 1992, he was notified by his commander that he was recommending he be discharged from the Air Force under the provisions of AFR 39-10, Separation of Airmen, for a pattern of misconduct with military or civil authorities. The specific reason for this action was that he received two Article 15s for operating a vehicle while drunk, wrongful appropriation of an automobile, being derelict in performance of his duties, receiving a Letter of Reprimand for wrongfully striking an Air Force member and for having an adulterous relationship. He acknowledged receipt of the notification and waived his entitlement to appear before a board. On 21 May 1992, the discharge authority recommended approval of his discharge. On
29 May 1992, he was discharged from the Air Force with a general discharge in the grade of airman first class. He served 9 years,
9 months and 24 days of active service.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 20 March 2008, that, on the basis of data furnished, they were unable to locate an arrest record (Exhibit C).

On 22 May 2008, a request for post-service information was forwarded to the applicant for response within 30 days. As of this date, this office has received no response. (see Exhibit D.)

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 his 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 Docket Number BC- 2008-00863 in Executive Session on 9 June 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2008-00863:

Exhibit A.	DD Form 149, dated 23 Feb 08.
Exhibit B.	Applicant's Master Personnel Records.
Exhibit C.	FBI Report of Investigation, dated 12 Mar 08. Exhibit D.	Letter, AFBCMR, dated 22 Apr 08.