RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00865 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He would like his discharge upgraded to be able to be buried in a military veterans cemetery next to his father. Applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 25 Feb 82, the applicant contracted his enlistment in the Regular Air Force. He was promoted to the grade of senior airman with date of rank of 1 Aug 84. On 3 Oct 84, the applicant’s commander notified him that he was recommending his discharge from the Air Force for minor disciplinary infractions. The specific reasons for the discharge action were: a. On 22 Dec 82, the applicant received counseling for reporting late for duty. b. On 7 Jan 83, the applicant received a Letter of Reprimand (LOR) for driving while intoxicated. c. On 23 Nov 83, the applicant received counseling on improving his driving techniques. d. On 19 Dec 83, he was counseled for addressing a fellow airman in a derogatory manner. e. On 9 Feb 84, he received an LOR for making a derogatory remark in reference to another military member. f. On 23 May 84, he received an LOR for sleeping on duty. g. On 20 Sep 82, he received an LOR for abusing his spouse and damaging his rental quarters. The applicant acknowledged receipt of the notification letter and, after consulting with legal counsel waived his right to submit a statement in his own behalf. His commander advised him of his rights in this matter. On 5 Oct 84, a legal review was conducted and the staff judge advocate found the case legally sufficient to support separation and recommended a general discharge without probation and rehabilitation. The applicant was discharged on 12 Oct 84. He served 2 years, 7 months and 18 days of active service. 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 14 Sep 10, a copy of the investigative report was forwarded to the applicant for his review and comment within 30 days, along with a request for documentation regarding his activities since leaving military service (Exhibit D). As of this date, no response has been received by this office. _________________________________________________________________ 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 in this application. ______________________________________________________________ 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 AFBCMR Docket Number BC-2010-00865 in Executive Session on 14 Oct 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 27 Feb 10. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 14 Sep 10, w/atch.