RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00264 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: At the time of discharge, he was offered an expedited general discharge. After accepting this offer, he learned that the phrase “Pattern of Misconduct” was added. He believes the stigma of a general discharge may hamper his future career goals. In support of his application, the applicant provides a copy of his DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States and a personal letter. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 11 September 1981 and was progressively promoted to the grade of senior airman. On 12 December 1985, the applicant was notified by his commander that he was recommending he be discharged from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airmen, for a pattern of misconduct; conduct prejudicial to good order and discipline. The specific reasons for this action were: 1) He received three Armed Forces Traffic Tickets for speeding and operating a motorcycle while not wearing the proper protective safety equipment 2) He received three Letters of Reprimand for failure to report to M-60 training, failure to show for guard mount on time, failure to maintain standby status, and failure to turn in code material; 3) He received a Letter of Counseling for failure to respond properly to an exercise and not having the required equipment needed for the exercise; 3) He received an Article 15 for dereliction in the performance of his duties. The applicant acknowledged receipt of the notification of discharge, received advice from a military defense attorney and waived his right to submit statements. The Staff Judge Advocate found the case legally sufficient to support the separation and recommended the applicant’s request for discharge be approved and that he receive a general discharge. On 20 December 1985, the discharge authority determined that a general discharge was appropriate in light of the applicant’s overall military record. On 20 December 1985, the applicant was discharged with a general (under honorable conditions) discharge after completing a period of 4 years, 3 months and 10 days total active service. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, indicated that based on the data furnished, they were unable to locate an arrest record. In response to a request to provide information concerning his post-service activities, the applicant states he was a bit immature in his 20’s and his attitude at times, was that of a foolish young man. He has turned his life around since his discharge from the Air Force and has attached several statements and letters from both community and professional acquaintances. The applicant’s complete response, with attachments, is at Exhibit D. _________________________________________________________________ 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 have considered the applicant’s overall quality of service, the events which precipitated the discharge, and the available evidence related to post-service activities, and we do we do not believe clemency is warranted. 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-2010-00264 in Executive Session on 7 July 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 Jan 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 1 Jun 10, w/atchs. Exhibit D. Applicant’s Response, undated, w/atchs.