RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01834 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: Since his discharge from the service he has attained respectable positions with the airlines in aircraft parts support (ground support), a sole-proprietorship fine art career consisting of much community involvement, and a formal culinary education resulting in his current position with the distinguished Ritz- Carlton Resort. He desires to enlist in the Florida Air National Guard. In support of his request, the applicant provides a DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States and post-service documentation. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 7 July 1982. On 12 November 1986, the applicant was notified by his commander of his intent to recommend that he be discharged from the Air Force under the provisions of AFR 39-10, paragraph 5-47b. The specific reasons are as follows: a. On or about 13 June 1984, the applicant operated a motor vehicle while intoxicated. b. On or about 2 March 1985, the applicant failed to obey a lawful order of a commissioned officer. He received nonjudicial punishment under Article 15. c. Between on or about 11 March 1985 and 28 January 1986, the applicant failed to obey an order of a superior noncommissioned officer, failed to report for duty, was derelict in the performance of his duties and disrespectful towards a superior noncommissioned officer. He received three (3) Records of Individual Counseling. d. On or about 5 and 6 October 1986, the applicant was derelict in his duties and he failed to go to his appointed place of duty. He received nonjudicial punishment under Article 15. He was advised of his rights in this matter and acknowledged receipt of the notification on that same date. After consulting with counsel, the applicant elected not to submit statements in his own behalf. In a legal review of the case file, the staff judge advocate found the case legally sufficient and recommended discharge. On 24 November 1986, the discharge authority concurred with the recommendations and directed a general discharge. The applicant was discharged on 25 November 1986. He served 4 years, 4 months and 19 days on active duty. Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, provided an arrest record which is at Exhibit C. On 19 November 2010, a copy of the FBI Report of Investigation and a request for information pertaining to his post-service activities was forwarded to the applicant for review and response within 30 days (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 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. 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 the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and 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-2010-01834 in Executive Session on 19 January 2011, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-01834 was considered: Exhibit A. DD Form 149, dated 17 May 2010, w/atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Federal Bureau of Investigation Report. Exhibit D. Letter, AFBCMR, dated 19 November 2010. Panel Chair