RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01042 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He was young and immature. His wife left him and he turned to alcohol and made some very bad choices. Since his discharge, he has turned his life around and is now a Fire Fighter. In support of his request, the applicant provides a copy of his DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States. Applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 20 Jul 87, the applicant contracted his enlistment in the Regular Air Force. He was promoted to airman first class effective with a date of rank of 1 Sep 87. He was demoted to airman basic on 2 Sep 88. He served as a security specialist. On 22 Sep 88, the applicant’s commander notified him that he was recommending his discharge from the Air Force for misconduct. The specific reasons for the discharge action were: a. On 14 Apr 88, he received a Letter of Counseling (LOC) for failing to complete his Career Development Course (CDC) and a mobility form. b. On 21 Jul 88, he received a Letter of Reprimand (LOR) and a Unfavorable Information File (UIF) entry for failing a scheduled dormitory inspection. c. On 23 Aug 88, he received an LOR and UIF entry for driving with an expired driver’s license. d. On 2 Sep 88, he received an Article 15 for uttering a check and stealing a box of checks. His commander advised him of his rights in this matter. On 26 Sep 88, he acknowledged receipt of the notification letter and, after consulting with legal counsel waived his right to submit a statement in his own behalf. On 28 Sep 88, a legal review was conducted and the staff judge advocate found the case legally sufficient to support separation and recommended a general discharge without probation and rehabilitation. On 5 Oct 88, the discharge authority directed a general discharge. The applicant was discharged on 11 Oct 88. He served 1 year, 2 months and 22 days of active service. On 30 Sep 10, the Board staff requested the applicant provide documentation concerning his activities since leaving military service (Exhibit D). As of this date no response has been received by this office. _________________________________________________________________ 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 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 AFBCMR Docket Number BC-2010-01042 in Executive Session on 4 Nov 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Mar 10, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 30 Sep 10, w/atch.