RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-02618 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 did not get into any serious trouble while in the military.
It was years later, after his discharge before he realized he had received a general discharge.

The applicant's complete submission is at Exhibit A.

STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 1 Oct 84 and was discharged on 8 Sep 87 for misconduct--a pattern of conduct prejudicial to good order and discipline.

Records indicate that during the period 23 Aug 85 to 10 Aug 87, the applicant received an Article 15, Record of Non-judicial Punishment, for dereliction of duty and failure to go; four Letters of Reprimand for failure to go, misuse of a government vehicle, financial irresponsibility, and speeding on base; two Letters of Counseling for failure to go and passing a bad check. Additionally, he was non-selected for promotion on 30 Apr 87.

On 26 Aug 87, he was notified of pending discharge action. He consulted counsel, submitted statements in his own behalf, and requested an honorable discharge.

The staff judge advocate found the case legally sufficient and on
4 Sep 87, the discharge authority directed discharge with a general (under honorable conditions) discharge.

Pursuant to the Boards request, the Federal Bureau of Investigations (FBI) provided an investigative report, XXXXXXXXX, which is at Exhibit C. A copy of the report and a request for post-service information, with attachment, was forwarded to the

applicant on 16 Aug 08 for review and comment within 30 days (Exhibit D). As of this date, this office has not received a 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 Docket Number BC- 2008-02618 in Executive Session on 8 October 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member 
Member

The	following	documentary	evidence	was	considered	for	Docket Number BC-2008-02618:

Exhibit A. DD Form 149, w/atch, dated 29 May 08. Exhibit B. Applicant's Master Personnel Records. Exhibit C.  FBI Report.
Exhibit D. Letter, AFBCMR, w/atchs, dated 16 Aug 08.