RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01527 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: His discharge was unjust because he was young and immature, and his conduct was more emotional, rather than based on rational thinking. He is now more mature and does not want the actions of his youth to ruin his future. In support of his appeal, the applicant provides several notes of character reference. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force, on 26 May 88, for a period of four years. On 9 Mar 89, the commander notified the applicant of the administrative discharge board (ADB) hearing. The specific reasons for the proposed action were; 1) he received a Letter of Reprimand (LOR) for on or about 6 Jan 89, he assaulted another airman and possessed an altered identification card that belonged to another airman; 2) he received an Article 15, for on or about 16 Jan 89, he failed to go to his assigned place of duty, obey a lawful order, and for assaulting another airman; 3) for being absent without leave from 4 – 6 Feb 89, while the Article 15 action was pending. The applicant waived his rights to a board hearing and to submit statements in his own behalf. The staff judge advocate reviewed the case file and found it legally sufficient and the discharge authority approved an UOTHC discharge. On 26 Apr 89, the applicant was discharged by reason of misconduct – pattern conduct prejudicial to good order and discipline, with service characterized as under other than honorable conditions. He was credited with 11 months and 1 day of active duty service. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, indicated that based on the data furnished; they are unable to locate an arrest record. ________________________________________________________________ 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 during the discharge process. 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 his service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. In the interest of justice, we considered the applicant’s overall record of service, the seriousness of the offenses which led to his administrative separation, and the character references provided in support on his appeal; however, we are not persuaded that an upgrade of the characterization of his discharge on the basis of clemency is warranted. Should the applicant provide additional information, e.g., post-service documentation to support his claim, we would be willing to reconsider his appeal. 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 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-2012-01527 in Executive Session on 20 December 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Apr 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Panel Chair