RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01961 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He deserves to have his discharge upgraded. The applicant did not provide any documentation in support of his request. The applicant's submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 9 Jan 86, the applicant enlisted in the Regular Air Force. On 10 Sep 90, the applicant was notified of his commander’s intent to recommend he be discharged from the Air Force under the provisions of AFI 39-10, Administrative Separation of Airmen, for Minor Disciplinary Infractions. He acknowledged receipt of the notification of discharge; waived his right to consult with counsel; and to submit a statement on his own behalf. For a full accounting of the offenses, see the commander’s notification letter at Exhibit B. On 11 Sep 90, the Staff Judge Advocate reviewed the case and found it legally sufficient and recommended the applicant receive a general (under honorable conditions) discharge without the offer of probation or rehabilitation. On 12 Sep 90, the discharge authority approved the applicant’s discharge. On 13 Sep 90, the applicant was discharged for “Misconduct – Pattern of Minor Disciplinary Infractions” with service characterized as general (under honorable conditions). He served 4 years, 7 months and 15 days of total active 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 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 characterization of the applicant’s discharge based on clemency; however, after considering his overall record of service, the infractions which led to his administrative separation, we are not persuaded that an upgrade is warranted. In view of the above and 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 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-2013-01961 in Executive Session on 27 Jan 14, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-01961 was considered: Exhibit A. DD Form 149, dated 10 Apr 13 Exhibit B. Applicant's Master Personnel Records. Panel Chair