RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03582 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He was upset that he was unable to see his brother before he died. His performance speaks for itself. He does not have access to the information to support his appeal. In support of his request, the applicant provided statements in his own behalf. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Regular Air Force on 30 Nov 88 and served for a period of 3 years and 21 days. Records indicate the applicant completed Track 2 of the Alcohol Program on 22 Sep 89. He received an evaluation and was categorized as an alcoholic on 17 Jul 90. On 24 Aug 90, he was detained for being drunk and disorderly in his dormitory. He received an Article 15, Record of Nonjudicial Punishment Proceedings, forfeiture of $100 pay per month for two months, 30 days extra duty, and a suspended reduction. He was entered into inpatient alcohol rehabilitation and successfully completed the program in Sep 1990. He was entered into Aftercare with Social Actions in May 1991. On 21 May 91, he received an Article 15 for driving while intoxicated (DWI). On 23 Jul 91, he was classified as a program failure due to drinking episodes and his unwillingness to comply with the treatment program. Records indicate he also received a Mental Health Evaluation in July 1991 due to his long history of alcohol related incidents and problems. On 15 Nov 91, he was apprehended for being drunk and disorderly. He received a vacation of his suspended Article 15 punishment. On 6 Dec 91, he was notified of pending discharge action due to alcohol rehabilitation failure and minor disciplinary infractions. On 16 Dec 91, the staff judge advocate found the discharge legally sufficient and on 17 Dec 91, the discharge authority directed his discharge with a general (under honorable conditions) discharge. He was discharged on 20 Dec 91. On 9 Jul 03, the Air Force Discharge Review Board (AFDRB) denied the applicant’s appeal for a discharge upgrade and concluded that his discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority, and that he was provided full administrative due process. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C. On 25 Nov 08, a copy of the FBI report was forwarded to the applicant for review and comment and a request for post-service information within 30 days (Exhibit D). In response to our request, the applicant provided post-service information, which is attached at Exhibit E. _________________________________________________________________ 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. 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. 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 that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 Docket Number BC- 2008-03582 in Executive Session on 14 January 2009, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 19 Sep 2008, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 25 Nov 08. Exhibit E. Applicant’s Rebuttal, dated 5 Dec 08, w/atchs.