RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02948 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His general discharge from the Air National Guard be upgraded tohonorable. APPLICANT CONTENDS THAT: His discharge is unjust because he was unaware of the derogatorystatus and comments placed on his NGB 22, Report of Separationand Record of Service. His service characterization does not properly reflect his character. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: On 16 Mar 95, the applicant enlisted in the Georgia Air NationalGuard (GAANG). On 7 Mar 98, the squadron commander notified the applicant ofadministrative discharge action for minor disciplinaryinfractions. The applicant received non-judicial punishment forfailing to report for urinalysis testing and for being absentfrom his unit. On 30 Apr 98, the applicant was discharged from the GAANG and asa Reserve of the Air Force by reason of misconduct – minordisciplinary infractions, with service characterized as general(under honorable conditions). He was credited with 3 years, 1 month, and 15 days of active service. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit C. On 10 Dec 12, a copy of the FBI report was forwarded to the applicant for comment. At that time, he was also invited to provide additional evidence pertaining to his activities sinceleaving the service (Exhibit D). THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided byexisting law or regulations. 2. The application was not timely filed; however, it is in theinterest 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 ofthe case; however, we find no evidence of an error or injusticethat occurred during the discharge process. Based on the available evidence of record, it appears the discharge wasconsistent 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 tobelieve the characterization of the service was contrary to theprovisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. Considering hisoverall record of service, the FBI Report of Investigation andthe lack of post-service documentation, we are not persuadedthat an upgrade of the characterization of his discharge iswarranted. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting therelief sought. 4. The applicant's case is adequately documented and it has notbeen shown that a personal appearance with or without counselwill materially add to our understanding of the issue involved. Therefore, the request for a hearing is not favorablyconsidered. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did notdemonstrate the existence of material error or injustice; thatthe application was denied without a personal appearance; andthat the application will only be reconsidered upon the submission of newly discovered relevant evidence not consideredwith this application. 2 The following members of the Board considered AFBCMR DocketNumber BC-2012-02948 in Executive Session on 26 Feb 13, underthe provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Apr 12. Exhibit B. Applicant's Available Master Personnel Records. Exhibit C. FBI Report of Investigation. Exhibit D. Letter, AFBCMR, dated 10 Dec 12, w/atchs.