RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04967 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to Honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: The Air Force told him his discharge would be upgraded to Honorable after 6 months. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered active duty on 21 Sep 81. On 27 May 83, his commander notified him she was recommending him for discharge from the Air Force for minor disciplinary infractions. The reasons for the proposed discharge were: a. On 9 Mar 82, he received a Letter of Reprimand (LOR) for verbally abusing two female Airmen and committing an obscene gesture toward them. b. On 26 Mar 82, he received an Article 15 for being drunk on duty, disorderly on station, and damaging government property. c. On 2 Apr 82, he received an Article 15 for disobeying a lawful order and also violating a lawful general regulation. d. On Mar 83, he received an LOR due to being involved in an affray and damaging government property. e. On 18 Feb 83, he submitted a commander-directed urine specimen which returned positive for marijuana. f. On 13 May 83, he received an Article 15 for disobeying a lawful order. g. On 28 Apr 83, he submitted a commander-directed urine specimen which returned positive for marijuana. The member acknowledged his right to counsel and to submit a statement on his own behalf. After consulting counsel, he submitted a statement on 1 Jun 83. His commander recommended his discharge. On 13 Jun 83, the case was reviewed and found to be legally sufficient, and the discharge authority directed his discharge on 20 Jun 83. On 5 Jul 83, he was furnished a General (Under Honorable Conditions) discharge for misconduct—pattern of minor disciplinary infractions, and was credited with 1 year, 9 months, and 14 days of active service. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C. On 5 Mar 12, a copy of the FBI Investigative Report and a request for post-service information was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we do not find the documentation presented sufficient to conclude the applicant has been the victim of an error or injustice. Based on the available evidence of record, it appears the applicant’s General (Under Honorable Conditions) discharge for misconduct was consistent with the substantive requirements of the discharge regulation and within the discharge authority’s discretion. He has provided no evidence which would lead us to believe otherwise. In the interest of justice, we considered upgrading his discharge on the basis of clemency; however, in the absence of any evidence for us to consider in determining whether his post- service accomplishments were sufficient to overcome the misconduct that formed the basis of his discharge, we are not inclined to grant the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we conclude that no basis exists for us to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material 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-2011-04967 in Executive Session on 19 Jul 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Dec 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, SAF/MRBR, dated 5 Mar 12.