RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00734 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His general (under honorable conditions) discharge be changed to honorable. 2. His narrative reason for separation (Misconduct) be removed. _________________________________________________________________ APPLICANT CONTENDS THAT: He performed in an outstanding manner while in the Air Force, and his discharge is inequitable, based on the offense committed. He believes that other factors contributed to his discharge. In support of the appeal, the applicant provides copies of extracts from his military personnel records. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant’s records reflect that he enlisted in the Regular Air Force on 30 Mar 89 for a period of four years. On 15 Apr 94, he was notified of his commander's intent to recommend him for a general (under honorable conditions) discharge for Misconduct – Commission of a Serious Offense – Other Serious Offenses. The specific reason for the proposed discharge was that he received an Article 15, for his intent to deceive a commissioned officer, by making an official statement that he needed to take leave to babysit his daughter, who had been exposed to chicken pox, and was known by the applicant to be false. The applicant was advised of his rights in this matter and after consulting with counsel submitted a statement in his own behalf. The discharge case was reviewed by the base legal office and they recommended the applicant be discharged for Misconduct – Commission of a Serious Offense – Other Serious Offenses, with a general (under honorable conditions) discharge without probation and rehabilitation (P&R). The discharge authority approved the separation and directed the applicant be discharged with a general (under honorable conditions) discharge. He was separated from the Air Force on 9 May 94, under the provisions of AFR 39-10, Administrative Separation of Airmen, for misconduct and received a general (under honorable conditions) discharge and a narrative reason for separation of Misconduct. He served a total of five years, one month, and ten days of active service. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 22 Apr 10, that, on the basis of data furnished, they are unable to locate an arrest record. ________________________________________________________________ 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 process. 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 that 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, because of the lack of documentation concerning his activities since leaving the service, we are not inclined to recommend upgrading his discharge based on clemency at this time. In view of the foregoing, and in the absence of sufficient evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES: 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 AFBCMR Docket Number BC-2010-00734 in Executive Session on 23 Sep 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 14 Feb 10, w/atchs. Exhibit B. Applicant's Available Master Personnel Records.