RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00790 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: His misconduct which led to his early separation was due to youthful misjudgments. In support of his appeal, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 19 Dec 84 separation. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 27 Nov 84, the squadron commander notified the applicant of administrative discharge action for a pattern of minor disciplinary infractions. For a full list of the offenses, please see the commander’s notification letter at Exhibit B. After consulting with counsel and having been advised of his rights, the applicant submitted statements in his own behalf. The staff judge advocate found the case file legally sufficient and recommended the applicant receive a general discharge without Probation and Rehabilitation (P&R). On 18 Dec 84, the discharge authority approved a general discharge, without P&R. On 19 Dec 84, the applicant was discharged by reason of misconduct – pattern of minor disciplinary infractions, with service characterized as general (under honorable conditions). He was credited with 1 year, 7 months, and 23 days of active duty service. ________________________________________________________________ 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 during the discharge process. 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 his discharge based on clemency; however, considering the applicant’s overall record of service, the numerous infractions which led to his administrative separation and the lack of post-service documentation, we are not persuaded that an upgrade of the characterization of his discharge is warranted. Should the applicant provide additional information, e.g., post-service documentation to support his claim, we would be willing to reconsider his request. 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-2013-00790 in Executive Session on 17 Dec 13, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 7 Feb 13, w/atch. Exhibit B. Applicant's Master Personnel Records. 1 2