RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04766 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His character of service on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed from general to honorable or uncharacterized. ________________________________________________________________ APPLICANT CONTENDS THAT: He was discharged for committing minor disciplinary infractions, such as, being late and financial irresponsibility. He was not an airman who broke the law. He needs his character of service changed to allow him to seek employment as a police officer. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 20 Feb 86, the applicant enlisted in the Regular Air Force. On 10 Jul 90, the applicant’s commander notified him he was recommending his discharge from the Air Force for misconduct. The reasons for the discharge action were he received three Letters of Reprimand (LORs) for financial irresponsibility, unsatisfactory duty performance, one letter of counseling (LOC) for unsatisfactory duty performance, an Article 15 for being late for duty, and a vacation of suspended punishment (reduction to the rank from senior airman to airman first class) for failure to pay a debt. After consulting with legal counsel, the applicant acknowledged receipt of the action and waived his rights to submit a statement in his own behalf On 19 Jul 90, a legal review was conducted and the staff judge advocate found the case legally sufficient to support separation and recommended discharge with a general discharge without probation and rehabilitation. On 22 Jul 90, the discharge authority directed the applicant be furnished a general (under honorable conditions) discharge and he was discharged on 26 Jul 90 and credited with four years, three months, and seven days of active service. On 8 May 13, a request for post-service information was forwarded to the applicant for review and 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 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 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, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought 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 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-2012-04766 in Executive Session on 25 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 9 Oct 12. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 8 May 13, w/atch.