RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02317

  			COUNSEL:  NONE
	
						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

He was reprimanded for a $200 excess government credit abuse while he was on temporary duty.  The punishment offered was 50% pay, reduction for 3 months, demotion to E-1, and correctional custody for 30 days or be discharged.  He chose the latter whereupon he was detained and sent to correctional custody to “make (me) a better Airman.”  Within 24 hours, the acting commander learned of his situation because he [applicant] would not stop talking about what happened to him.  The acting commander removed him from the correction custody stating the reason of “Misconduct.”  He returned to his squadron shortly thereafter and was released from duty the following month.  He has been informed by a Lieutenant Colonel that he would have discharged him with an honorable discharge but in order to be fair to those who would complete their term in full, he gave him a general discharge and told him that the discharge could be upgraded after 6 months.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 18 January 1995.

On 3 December 1997, the applicant received an Article 15 for wrongfully using his government American Express credit card for personal use in the amount of about $507.24.  The applicant’s punishment consisted of a reduction to the grade of airman, suspended until 2 June 1998, after which time it was remitted without further action, unless sooner vacated, forfeiture of $505.00 pay per month for 2 months, suspended until 2 June 1998, and 30 days correctional custody.  The applicant’s discharge package is not available.

On 31 December 1997, the applicant was furnished a general discharge, and was credited with 2 years, 11 months, and 13 days of active service.   

A request for information pertaining to his post-service activities was forwarded to the applicant on 17 June 2015 for response within 30 days.  As of this date, no response has been received.  An FBI report has not been located on the applicant

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 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.  We note the applicant’s record does not contain a copy of the discharge package.  However, the presumption of regularity in the conduct of government affairs dictates that absent evidence to the contrary, it must be assumed that government officials carried out their duties in good faith and in accordance with governing authorities.  The applicant has provided no evidence which would lead us to believe the characterization of his service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed.  We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis.  Therefore, in the absence of evidence to the contrary, we find no basis upon which 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-2015-02317 in Executive Session on 5 May 2016 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 11 Jun 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 17 Jun 15, w/atch.