RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04250 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: His misconduct was an isolated incident and during that time he was very immature. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 16 March 1982. The applicant was notified by his commander of his intent to recommend that he be discharged from the Air Force under the provisions of AFR 39-10. The specific reasons were as follows: a. In July 1983, the applicant received notification of a dishonored check from the AAFES. b. The applicant received a Letter of Reprimand (LOR), dated 4 January 1984, for failure to obey lawful orders and regulations regarding the misuse of a government vehicle. c. The applicant received nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ), dated 18 April 1984, for driving while intoxicated. He was advised of his rights in this matter and elected not to submit a statement on his own behalf. In a legal review of the case file, the acting staff judge advocate found the case legally sufficient and recommended discharge. The discharge authority concurred with the recommendation and directed a general discharge. The applicant was discharged on 21 June 1984. He served 2 years, 3 months and 6 days on active duty. On 26 March 2013, a request for information pertaining to his post-service activities was forwarded to the applicant for review and response within 30 days (Exhibit C). As of this date, this office has received no response. _________________________________________________________________ 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, the applicant provides no evidence concerning his post- service activities to warrant consideration 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 the evidence presented did not demonstrate the existence of an 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-2012-04250 in Executive Session on 8 May 2013, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-04250 was considered: Exhibit A. DD Form 149, dated 5 September 2012. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 26 March 2013.