RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05564 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ _ APPLICANT REQUESTS THAT: His general (under honorable conditions (UHC)) discharge be upgraded to honorable. ________________________________________________________________ _ APPLICANT CONTENDS THAT: His discharge should be upgraded because it has been almost 30 years since the pattern of minor disciplinary infractions occurred. He has since graduated from Embry Riddle Aeronautical University with a Bachelor of Science and is currently a licensed real estate agent. In support of his request, the applicant provides copies of his degree certificates. His complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant received a general (UHC) discharge on 12 Oct 83. The applicant’s commander notified him that she was recommending him for discharge for minor disciplinary infractions. The specific reasons were for being disrespectful toward his supervisor; derelict in performing his duties; disobeying a lawful order; and for failing to go to his place of duty. He acknowledged receipt of the discharge notification and submitted statements in his own behalf. After a legal review, the Staff Judge Advocate found his case legally sufficient and he was discharged on 12 Oct 83. ________________________________________________________________ _ 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 his service was contrary to the provisions of the governing regulation, unduly harsh. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented sufficient 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. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2012-05564 in Executive Session on 4 Sep 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence for Docket Number BC-2012- 05564 was considered: Exhibit A. DD Form 149, dated 27 Nov 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Panel Chair