RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03094

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

His service characterization is in error or unjust because of dependents lack of responsibility.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 14 Feb 90.

On 26 Mar 92, the applicant was notified by his commander that she was recommending his discharge from the Air Force for Misconduct – Minor Disciplinary Infractions, under the provisions of AFR 39-10, Administrative Separation of Airmen, paragraph 5-46.

On 3 Apr 92, the applicant acknowledged receipt of the action, and on that same date, he consulted with counsel and submitted a statement in his behalf.

On 7 Apr 92, the case was found to be legally sufficient and the discharge authority approved the commander’s recommendation, directing the applicant be discharged with a general discharge.

On 1 May 92, the applicant received a general discharge for a Misconduct – Minor Disciplinary Infractions.  He was credited with 2 years, 2 months, and 18 days of total active service.

On 5 Feb 01, the Air Force Discharge Review Board (AFDRB) denied the applicant’s request to upgrade his general discharge to honorable, indicating the discharge was consistent with the procedural and substantive requirements of the discharge regulations and was within the sound discretion of the discharge authority.  The Board concluded that the applicant’s misconduct was a significant departure from conduct expected of all military members and the characterization of discharge was appropriate.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denial indicating there is no evidence of an error or an injustice.  The discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.  The applicant’s commander determined that the repeated incidents of misconduct with numerous unsuccessful attempts to correct the applicant’s behavior resulted in the decision to recommend discharge for minor disciplinary infractions.

Air Force Regulation (AFR) 39-10 (the applicable guidance at the time) states that a general discharge service characterization is warranted when “the airman’s service has been honest and faithful but significant negative aspects of the airman’s conduct or performance of duty outweigh the positive aspects of the airman’s military record.”

Both the commander and the discharge authority concluded that the negative aspects of the applicant’s conduct outweighed any positive aspects of his brief military career.  Therefore, DP2STM concludes that the service characterization is correct and in accordance with DoD and Air Force instructions.

A complete copy of the AFPC/DP2STM evaluation is at Exhibit C.

AFPC/JA recommends denial indicating the applicant’s request is untimely and a waiver would not be in the best interests of the United States.  Additionally, the applicant has not carried his burden of showing that his discharge characterization was erroneous or unjust.  Furthermore, the applicant unsuccessfully appealed to the AFDRB.  His request was based on a desire to obtain educational benefits and the board denied the request.

A complete copy of the AFPC/JA evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 1 Feb 16, a Clemency Bulletin request for post-service information and copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit E and F).

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2015-03094 in Executive Session on 20 Sep 16 under the provisions of AFI 36-2603:

					 , Panel Chair
				  , Member
					   , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03094 was considered:

	Exhibit A.  DD Form 149, dated 16 Jul 15, w/atchs.
	Exhibit B.  Available Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2STM, dated 7 Jan 16.
	Exhibit D.  Memorandum, AFPC/JA, dated 19 Jan 16.
	Exhibit E.  Letter, AFBCMR (Clemency), dated 1 Feb 16.
	Exhibit F.  Letter, AFBCMR, dated 1 Feb 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings pertaining to AFBCMR Docket Number BC-2015-03094 in the above entitled matter.