RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00605 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He believes he received a general (under honorable conditions) discharge and his DD Form 214, Certificate of Release or Discharge from Active Duty, only reflects “general.” It does not reflect honorable or dishonorable. In support of his request, the applicant provides copies of his DD Form 214, AF Form 100, Request and Authorization for Separation, character reference letters, Boston Parks and Recreation Department 2005 Park Permit, scholarship essays, and a basketball camp flyer. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Regular Air Force on 17 Feb 85 and is credited with 1 year, 6 months, and 24 days of active service. Available records reflect the applicant was discharged on 10 Feb 87 as a result of Alcohol Abuse Rehabilitation Failure. Other derogatory information contained in the records reflect he received an Article 15, Record of Nonjudicial Punishment, for assaulting a female and he had four days of lost time due to a civil confinement for three assault charges. On 2 Oct 86, he was placed in the Alcohol Abuse Program due to problems with alcohol. During the follow-on phase of the program, he was involved in an assault on a police officer and disorderly conduct, both due to intoxication. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided an investigative report which is at Exhibit C. A copy of the FBI report and a request for post- service information was forwarded to the applicant on 30 Apr 10 for review and comment within 30 days (Exhibit D). In response to the post-service request and FBI report, the applicant states his character and citizenship in the community is undeniably good. His service to the country was good, as suggested from two references while he was in the Air Force, his commander and supervisor. The charges in San Antonio were not true. He never assaulted any officers of any kind. He never served any extended time in jail after his arrest. However, he needs to improve his driving record. The assault by means of a dangerous weapon was dismissed. A “Class D” offense is now legal in Massachusetts, specifically marijuana. The shoplifting charge was dismissed. He and his wife of 25 years had a misunderstanding and he is guilty of this charge. In looking at his references, he hopes the Board agrees that he has a good heart and that his positives outweigh his negatives. The applicant's complete response is at Exhibit E. _________________________________________________________________ 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 note the applicant has not shown an error or injustice occurred in the processing of his discharge. Further, the Board is not inclined to consider granting clemency based on the applicant’s FBI report and a lack of post-service information. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _______________________________________________________________ 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-2010-00605 in Executive Session on 13 July 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Forms 149, dated 8 Feb 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 30 Apr 10, w/atch. Exhibit E. Letter, Applicant, dated 27 May 10.