RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03445 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: His supervisor felt that he did not apply himself to the fullest. He tried to have his job upgraded; however, a captain singled him out for some reason. He received an Article 15 and was sent to correctional custody for three days. He experienced physical and mental abuse by this captain. He served his country well. He has been involved with his local church for years. He served on the usher board, men’s counsel and youth activities. He works for retired and elderly people in the community assisting them with necessities and providing care. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 3 October 1980. On 25 June 1982, he was notified of his commander’s intent to discharge him from the Air Force for his inability to expend his efforts constructively. Specifically, the applicant received two Article 15s, one Letter of Reprimand, three Records of Counseling and he failed his end of course test on two occasions. The applicant acknowledged the action, his right to consultation and to submit matters. The applicant received consultation and submitted a statement on his behalf. On 9 July 1982, the staff judge advocate found the case legally sufficient. The applicant was separated with a general, under honorable conditions discharge on 14 July 1982. He was credited with 1 year, 3 months and 12 days of active duty service. On 3 January 2013, a request for post-service information was forwarded to the applicant for response 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 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 the service was contrary to the provisions of the governing regulation, or unduly harsh. In the interest of justice, we considered upgrading the applicant’s discharge on the basis of clemency, however, there was no evidence submitted to compel us to recommend granting the request on that basis. 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 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 BCMR Docket Number BC-2012-03445 in Executive Session on 14 March 2013, under the provisions of AFI 36-2603: Vice Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-03445 was considered: Exhibit A. DD Form 149, dated 5 Jul 12. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, SAF/MRBC, dated 3 Jan 13.