RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-01326 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Under Honorable Conditions (General) discharge be upgraded to Honorable. APPLICANT CONTENDS THAT: He was not informed to apply for an Honorable Discharge. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: On 22 May 96 the applicant entered the Regular Air Force. On 12 Nov 96 the applicant received non-judicial punishment (NJP) for two incidents: derelict in performance of duty/willfully consuming alcohol while underage and failing to go on time to appointed place of duty. On 14 Jul 97 NJP was also administered for two incidents: derelict in the performance of duty/willfully consuming alcohol while underage and incapacitated for performance of duty due to intoxication. On 24 Jul 97 his commander notified him of discharge action for Misconduct-Pattern of Misconduct with a recommendation for a general discharge under honorable conditions. The applicant was afforded the right to counsel and right to submit statements. The applicant executed both rights. On 11 Aug 97, the discharge was found legally sufficient by the Staff Judge Advocate. On 11 Aug 97, the discharge authority approved the discharge Under Honorable Conditions (General) without Probation and Rehabilitation. On 18 Aug 97 the applicant was discharged Under Honorable Conditions (General) for Misconduct and credited with 1 year, 2 months, and 27 days of active service. On 31 Jul 15 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-2015-01326 in Executive Session on 19 Nov 15 under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 17 Nov 14 w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 31 Jul 15