RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04071 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. APPLICANT CONTENDS THAT: He did not get an opportunity for a hearing or a court-martial prior to separation. His discharge was for having a toy pellet gun. It was seen as being an actual fire arm because it had a projectile. There was not any property damage of human contact with the toy gun of any kind. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 2 Jul 82. On 10 Nov 83, the applicant’s commander notified him he was recommending his discharge for minor disciplinary infractions. The reasons for this action are as follows: on 28 Feb 83, the applicant received a Record of Individual Counseling (RIC) for not following specific instructions on the proper operation of a security police vehicle; on 27 Mar 83, he received a RIC for not having all his required equipment during a mobility inspection; on 14 Jun 83, he received RIC for failing to show for scheduled weapons firing appointment; on 5 Jul 83, he received RIC for failing to comply with AFR 35-10, Dress and Personal Appearance, by being observed during an inspection as having a hole in his fatigue shirt; on 6 Jul 83, he received a Letter of Reprimand (LOR) for failing to attend commander’s call and failing to follow an order to proceed to the ammunition storage area arguing and cussing with a non-commissioned officer. On 10 Nov 83, the applicant acknowledged receipt of the action and of his right to consult legal counsel and submit statements on his own behalf. On 21 Nov 83, the action was found to be legally sufficient and on 29 Nov 83, the discharge authority concurred with the commander’s recommendation and directed the applicant’s general (under honorable conditions) discharge. On 1 Dec 83, the applicant was furnished a general (under honorable conditions) discharge, and was credited with one year and five months of active service. On 8 Oct 14, a request for post-service information was forwarded to the applicant for review and response 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-2014-04071 in Executive Session on 16 Apr 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining AFBCMR Docket Number BC-2014-04071 was considered: Exhibit A. DD Form 149, dated 2 Oct 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 8 Oct 14.