RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04000 COUNSEL: NO HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His general (under honorable conditions) discharge be upgraded to honorable and his separation program designator (SPD) and Re-entry (RE) codes be revised to allow him reentry into military service. 2. His records be corrected to reflect his foreign service. ________________________________________________________________ APPLICANT CONTENDS THAT: 1. His records confirm that he was involved in one incident during his military service and does not demonstrate a pattern of minor disciplinary infractions. 2. He was deployed during Operation Desert Shield/Storm from 2 August 1990 through 23 February 1991 and he should be credited with the appropriate foreign service. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 14 May 1990. On 13 September 1991, the applicant’s commander notified him that he was recommending his discharge from the Air Force for Misconduct - Minor Disciplinary Infractions. The reasons for the action were as follows: a) During the period 18 through 23 June 1991, the applicant obtained services under false pretenses/unauthorized telephone service for which he received non-judicial punishment under Article 15 of the Uniform Code of Military Justice on 10 July 1991. b) On 6 September 1991, the applicant was in violation of Air Force Regulation (AFI) 35-10 for which is received a record of individual counseling on 9 September 1991. c) On 03 September 1991, the applicant failed to go at the time prescribed to his appointed place of duty for which resulted in the vacation of his suspended non-judical Punishment issued on 10 July 1991. d) On 9 September 1991, the applicant disobeyed a lawful order by failing to pay a just debt for which he received a letter of reprimand/unfavorable information file on 10 September 1991. . On 13 September 1991, the applicant acknowledged receipt of the action and, after consulting with legal counsel, waived his right to submit a statement in his own behalf. On 18 September 1991, the case was found to be legally sufficient. On 20 September 1991, the discharge authority directed the applicant be furnished a general discharge, without probation and rehabilitation. On 25 September 1991, the applicant was furnished a general (under honorable conditions) discharge and was credited with 1 year, 4 months, and 12 days of total active service. On 26 January 2001, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request to upgrade his discharge, concluding that his discharge was consistent with the procedural and substantive requirements of the discharge regulation, was within the discretion of the discharge authority, and the applicant was provided full administrative due process. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPP recommends denial of the applicant’s request for foreign service credit beyond the two months and one day reflected on his DD Form 214, Certificate of Release or Discharge From Active Duty, indicating the only evidence of foreign service in the applicant’s record is a paid travel voucher relating to duty he performed in the United Kingdom. A complete copy of the AFPC/DPAPP evaluation is at Exhibit C. ________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATIO: A copy of the Air Force evaluation and a request for post- service information was forwarded to the applicant on 29 April 2013 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 with respect to the applicant’s discharge. 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 process. Based on the available evidence of record, it appears the applicant’s General (Under Honorable Conditions) discharge for misconduct – minor disciplinary infractions were consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority. He has provided no evidence which would lead us to believe the characterization of his service was improper or contrary to the provisions of the governing directive. In the interest of justice, we considered upgrading the discharge based on clemency; however, in the absence of any evidence related to the applicant’s activities since leaving the service, we find no basis to recommend granting the relief sought on that basis. As for the request related to the applicant’s foreign service, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt their rationale as the basis for our opinion the applicant has not been the victim of an error or injustice with respect to his foreign service. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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-2012-04000 in Executive Session on 4 June 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 June 2012. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 23 April 2013, w/atch.