RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02154 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: After being separated for 24 years, he has led a responsible life; has had no run-ins with the law and is a proud father of a 14 year old daughter. He has been a proud veteran and a law abiding citizen. The minor disciplinary infractions were related to a lack of maintaining proper Body Mass Index (BMI). Currently, he is health and fitness oriented and has plans in the near future to become a certified fitness trainer and opening his own business. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 14 Nov 89, the applicant enlisted in the Regular Air Force for a period of four years. On 12 Sep 91, the squadron commander notified the applicant of administrative discharge action for misconduct, specifically for 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 waived his right to submit statements in his own behalf. On 27 Sep 91, 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 30 Sep 91, the discharge authority approved the general discharge without P&R. On 21 Oct 91, 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, 11 months, and 8 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 the characterization of applicant’s discharge based on clemency; however, after considering his 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 on this basis is warranted. Should the applicant provide evidence pertaining to his post-service activities, we would be willing to reconsider his request. 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-2013-02154 in Executive Session on 4 Mar and 5 Mar 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 Apr 13. Exhibit B. Applicant's Master Personnel Records. Panel Chair