RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00839 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: He requested separation to pursue completion of his academic career. The reason for separation of “misconduct” was contrived. He had a pretty excellent record until he was stuck in a warehouse all day stocking shelves. In support of his appeal, the applicant provides copies of his DD Form 214, letters of commendation, a letter of recognition, and an honor graduate recognition letter. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who served as an Apprentice Inventory Management Specialist and was promoted to the grade of airman first class (E-3) effective 14 March 1986. He received eight Letters of Counseling (LOCs), one Letter of Reprimand (LOR), and an Article 15 punishment between 15 July 1986 and 14 December 1987. On 22 December 1987, the applicant was notified of his commander’s intent to recommend him for a general discharge for minor disciplinary infractions. The applicant acknowledged receipt of his commander’s intent and waived his right to submit a statement in his own behalf. On 28 December 1987, the Acting Staff Judge Advocate found the case to be legally sufficient. On 7 January 1988, the discharge authority approved the recommended discharge and directed the applicant be discharged with a general (under honorable conditions) discharge without probation and rehabilitation. On 21 January 1988, the applicant was discharged from active duty with a general (under honorable conditions) discharge, and a narrative reason for separation of “Misconduct-Pattern of Minor Disciplinary Infractions.” He served one year, ten months and eight days on active duty. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a copy of an Investigation Report (Exhibit C). On 29 April 2010, the applicant was given an opportunity to submit comments about his post service activities and the FBI Report (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 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. In view of the foregoing and in the absence of evidence by the applicant attesting to a successful post-service adjustment in the years since his separation, we are not inclined to extend clemency in this case. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend favorable action on this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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 AFBCMR Docket Number BC-2010-00839 in Executive Session on 2 November 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2010-00839: Exhibit A. DD Form 149, dated 26 Feb 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, SAF/MRBR, dated 29 Apr 10, w/atchs.