RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03832 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He was told that after some time had passed he could request an upgrade. He needs help because he is unemployed, with no insurance, and facing possible foreclosure on his home. The applicant’s complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant’s DD Form 214, reflects that he commenced his enlistment in the Regular Air Force on 31 Aug 83. On 5 Apr 84, the applicant’s commander notified him that he was recommending his discharge from the Air Force for misconduct – numerous involvements with military and civil authorities. The reasons for the action included wrongful possession of marijuana and theft of government property, three notifications of returned checks, for which he received non-judicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ); poor attitude, lack of effort at work, improper handling of controlled items; for which he received two records of counseling; and two traffic violations for speeding and operating a defective vehicle and a civil court conviction for reckless driving, for which his base driving privileges were revoked On 6 Apr 84, he acknowledged receipt of the notification for discharge, consulted legal counsel and waived his right to submit a statement in his own behalf. On 13 Apr 84, the case was found to be legally sufficient, and the discharge authority directed the applicant be furnished a general discharge. On 19 Apr 84, the applicant was so discharged and was credited with 4 years, 7 months, and 19 days of active service. On 12 Oct 12, a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty was issued to correct the following: Block 12a to read 1979 Aug 31 rather than 1983 Aug 31. Block 12c to read 04 07 19 rather than 00 07 19. Block 12d to read 00 00 00 rather than 04 00 00. On 19 Feb 13, a request for post-service information was sent to the applicant for review and comment within 30 days (Exhibit C). In response, the applicant has provided copies of four character references. _________________________________________________________________ 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 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 his service and narrative reason for separation 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 applicant’s discharge on the basis of clemency. While the applicant has provided some statements concerning his character, we find these statements insufficient to conclude that his post- service accomplishments are sufficient to overcome the misconduct for which he was discharged. Should he provide statements from employers, local law enforcement or an investigative report from the Federal Bureau of Investigation (FBI), attesting to his conduct since his discharge, we would be willing to review the materials for possible reconsideration based on new evidence. 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-2012-03832 in Executive Session on 11 Apr 13, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 13 Aug 12. Exhibit B. Applicant's Master Military Personnel Records. Exhibit C. Letter, AFBCMR, dated 19 Feb 13, w/atch.