RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04364 COUNSEL: NO HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He was unfairly treated at the time of his separation. 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 19 May 94. On 20 Aug 96, the applicant’s commander notified him that he was recommending his discharge from the Air Force for minor disciplinary infractions. The reasons for the action included a Letter of Reprimand (LOR), for failure to go; nonjudicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ) for failure to go and disobeying a lawful order; Vacation of Suspended NJP for failure to go; a Letter of Counseling (LOC) for failure to pay Temporary Lodging Facility (TLF) bill; an LOR and Unfavorable Information File (UIF) for driving under the influence, reckless driving and underage drinking; and a LOC for being “out of uniform”, by not wearing his hat outdoors. On 20 Aug 96, the applicant acknowledged receipt of the notification of discharge and after consulting with legal counsel, submitted statements in his own behalf. On 3 Sep 96, the case was found to be legally sufficient and on 5 Sep 96, the discharge authority directed the applicant be furnished a general discharge, without probation and rehabilitation. On 10 Sep 96, the applicant was furnished a general (under honorable conditions) discharge and was credited with 2 years, 3 months, and 22 days of total active service. On 2 May 13, a request for post-service information was forwarded to applicant for comment within 30 days. As of this date, no response has been received by this office (Exhibit C). ________________________________________________________________ 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 process. Based on the available evidence of record, it appears the applicant’s General (Under Honorable Conditions) discharge for minor disciplinary infractions was 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; however, in the absence of any documentation related to the applicant’s activities since leaving the service, we are not compelled to recommend granting the relief sought on that basis. In view of the foregoing, and in the absence of evidence to the contrary, we conclude that no basis exists to upgrade the applicant’s General (Under Honorable Conditions) discharge. ________________________________________________________________ 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-2012-04364 in Executive Session on 13 Jun 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 13 Sep 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 2 May 13, w/atch.