RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05267 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to “Honorable.” APPLICANT CONTENDS THAT: He was very young and financial problems caused his discharge. The applicant believes that the Board should find it in the interest of justice to consider his untimely application because he is an outstanding citizen who is trying to correct his past. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: On 26 November 1990, the applicant enlisted in the Regular Air Force. On 12 August 1991, his commander notified him that he was recommending he be discharged under the provisions of AFR 39-10, Administrative Separation of Airmen. The specific reason for his action was from on or about 29 June 1991, until on or about 2 July 1991, the applicant stole $930.00 from another airman. This is evidenced by an Article 15 dated 9 August 1991. On 12 August 1991, the applicant acknowledged receipt of the discharge notification, consulted with counsel and did not submit a statement in his behalf. On 22 August 1991, the Deputy Staff Judge Advocate found the discharge legally sufficient. On 26 August 1991, the discharge authority directed that he be discharged with a general (under honorable conditions) discharge. Probation and rehabilitation was considered and deemed inappropriate. On 30 August 1991, the applicant received a general (under honorable conditions) discharge. He served 9 months and 4 days of active duty. Pursuant to the Board’s request, the Federal Bureau of Investigation, Washington, D.C., indicated on the basis of the data furnished they were unable to locate an arrest record. On 6 July 2014, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C), as of this date, no response has been received by this office. 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 an 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 discharge based on clemency; however, in the absence of any evidence related to the applicant’s post-service activities, there is no way for us to determine if the applicant’s accomplishments since leaving the service are sufficiently meritorious to overcome the misconduct for which he was discharged. Therefore, in the absence of evidence to the contrary, we find no basis 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 this application in Executive Session on 18 September 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR BC-2013- 05267 was considered: Exhibit A. DD Form 149, dated 8 November 2013. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, digitally signed 6 July 2014.