RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00838 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ _ APPLICANT CONTENDS THAT: His discharge was inequitable because it was based on one isolated incident with no other adverse actions. The applicant does not provide any evidence in support of his appeal. The applicant's complete submission is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who served on active duty from 1 June 1987 to 13 June 1990. On 31 January 1990 and 7 February 1990, the applicant received Letters of Reprimand for failure to go, at the time prescribed, to his appointed place of duty; and for writing bad checks, respectively. On 22 March 1990, the applicant received an Article 15 for failure to go, at the time prescribed, to his appointed place of duty; failure to pay a debt; and failure to obey a lawful order. On 4 June 1990, the applicant was notified of his commander’s intent to recommend him for a general (under honorable conditions) discharge for a pattern of misconduct under the provisions of Air Force Regulation 39-10, paragraph 5-47b. ________________________________________________________________ _ On 11 June 1990, the applicant acknowledged his commander’s intent, consulted council, and submitted a statement in his own behalf. On 12 June 1990, after considering the applicant’s submission and after the Staff judge Advocate found the case to be legally sufficient, the discharge approved the recommended discharge without probation or rehabilitation. The applicant was discharged from active duty in the grade of senior airman (E-4) effective 13 June 1990 with a general (under honorable conditions) discharge. He served 3 years and 13 days on active duty. ________________________________________________________________ _ 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, the Board finds 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 Board does not find the evidence presented is sufficient to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, the Board finds no basis upon which to recommend granting the relief sought. ________________________________________________________________ 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-2013-00838 in Executive Session on 14 November 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2013-00838: Exhibit A. DD Form 149, dated 5 Feb 13. Exhibit B. Applicant's Master Personnel Records. 2 3 4