RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00548 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His general, under honorable conditions, discharge be upgraded to honorable. APPLICANT CONTENDS THAT: After going through general courts-martial in which he was found guilty, the charges were dropped on appeal and the record expunged with rank restoral and back pay. The use of the dismissed case and expunged record against him to justify the general discharge was illegal and should never have happened. Expunging a record means to “treat it as if it never happened” and his organization at the time ignored the order. Therefore, his discharge and reason for discharge should only reflect his service record prior to the courts-martial. He realized the error at that time, but did not know he could apply for correction until now. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 24 Mar 80, the applicant entered the Regular Air Force. On 24 Nov 82, he pled guilty and was convicted of larceny and unlawful entry for which he was sentenced to a bad conduct discharge, confinement at hard labor for 24 months, forfeiture of $367.00 per month for 24 months and reduced in rank to airman basic. On 13 Apr 83, a court of military review dismissed the charges. On 25 Apr 83, by General Court-Martial Order No. 95, all charges were dropped. On 20 Jun 83, he was notified his commander was recommending him for discharge in accordance with AFR 39-10, Airman Separation Manual, paragraph 5-49d, for larceny. He acknowledged receipt indicating he would not waive his right to hearing and would submit statements on his own behalf. On 9 Sep 83, the Acting Staff Judge Advocate found the discharge action legally sufficient. On 22 Sep 83, the applicant received a general, under honorable conditions, discharge. He was credited with 3 years, 5 months and 30 days of active service. On 19 Feb 15, a request for post-service information was forwarded to the applicant for review and comment within 30 days. On 2 Apr 15, he responded indicating the Board for Correction of Military Records must have misunderstood when sending information on obtaining a Federal Bureau of Investigation (FBI) history, because his discharge upgrade request has nothing to do with his personal history after the Air Force. He is not requesting clemency, but wants the discharge corrected since the findings of the court-martial were dismissed and his record expunged. 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, including rebuttal, 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 at the time. Therefore, we conclude the applicant has failed to sustain his burden of proof that he has been the victim of an error or injustice. Absent substantial evidence that he was denied rights to which he was entitled, we find no basis to recommend granting the relief sought in this application. 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 documentary evidence pertaining to AFBCMR Docket Number BC-2015-00548 was considered: Exhibit A. DD Form 149, dated 6 Feb 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, Applicant, dated 2 Apr 15.