RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03253 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He was told that after a period of time his general discharge would be upgraded to honorable. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 12 Aug 1993, the applicant enlisted in the Regular Air Force. On 28 Aug 1996, his commander notified him he was recommending he be discharged under the provisions of AFPD 36-32, Military Retirements and Separations and AFI 36-3208, Administrative Separation of Airmen, for minor disciplinary actions. The specific reasons for his action are reflected in the Notification Memorandum, dated 28 Aug 1996, at Exhibit B. On 28 Aug 1996, the applicant acknowledged receipt of the discharge notification. On 4 Sep 1996, the Staff Judge Advocate found the discharge legally sufficient. On 10 Sep 1996, the applicant was discharged from the Air Force, with service characterized as general (under honorable conditions). He served 3 years and 29 days of total active service. On 17 May 2002, the Air Force Discharge Review Board (AFDRB) denied the applicant’s request for a discharge upgrade. A copy of the AFDRB hearing record is at Exhibit B. On 2 Jan 2013, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C), 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. In the interest of justice, 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 this application in Executive Session on 19 Mar 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered in AFBCMR BC- 2012-03253: Exhibit A. DD Form 149, dated 5 Jul 2012. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 2 Jan 2012, w/atch. Panel Chair