RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01696 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable discharge. APPLICANT CONTENDS THAT: He recently applied to the Air Force Discharge Review Board (AFDRB) and, while he was disapproved, the panel suggested he apply to the Air Force Board for Corrections of Military Records (AFBCMR) and supply post service information concerning conduct and contributions. He takes responsibility for his actions and accepts the punishment. Prior to his discharge, he was a model airman with outstanding accomplishments and awards. He did have some minor problems, but felt it did not affect his performance. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 13 Nov 87. On 29 Jun 98, the applicant was notified by his commander of his intent to recommend his discharge for a pattern of misconduct – conduct prejudicial to good order and discipline under the provisions of AFI 36-3208, Administrative Separation of Airmen, Section 5.50.2. The reasons for this action included his arrest for not paying a court ordered probation fine, three instances of failure to go at the time prescribed to his appointed place of duty, and his failure to pay rent for the period of 1 Mar 98 to 27 Mar 98, for which he twice received non-judicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ), two Letters of Reprimand (LOR), and an Unfavorable Information File (UIF). On 9 Jul 98, the applicant acknowledged receipt of the action and requested a conditional waiver of administrative discharge board proceedings, provided he receive no less than a general (under honorable conditions) discharge. On 20 Jul 98, the discharge case was found to be legally sufficient. On 4 Aug 98, the applicant was furnished a general (under honorable conditions) discharge, and was credited with 10 years, 8 months, and 17 days of active service, excluding lost time from 12 Sep 96 to 16 Sep 96. On 28 Jan 14, the applicant appealed to the Air Force Discharge Review Board (AFDRB) to have his discharge upgraded to Honorable. This was the second time, previously in June 2000 the applicant had a records review and was denied. The AFDRB denied his application, concluding the discharge was appropriate under the facts and circumstances of his case and there was insufficient basis to warrant clemency for a change in the discharge (see AFDRB Hearing Record at Exhibit B). On 24 Apr 14, a request for post-service information was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit C). 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 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-2014-01696 in Executive Session on 18 Dec 14, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Apr 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 24 Apr 14.