RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02169 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: The applicant makes no contentions. In support of his request, the applicant provides copies of his DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States; and a letter from SAF/MRBR. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 12 April 1989, the applicant enlisted in the Regular Air Force. On 23 May 1991, 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, Administration Separation of Airmen, for unsatisfactory performance. The specific reasons for this action were: 1) He received two Letters of Reprimand for driving under the influence and assault on his wife; 2) He received an Article 15 for having an unescorted guest after visiting hours. The applicant acknowledged receipt of the notification of discharge, received advice from a military defense attorney and submitted a statement on his behalf. On 31 May 1991, the staff judge advocate reviewed the entire case file, found no irregularities and determined the case was legally sufficient for the applicant to be discharged. On 4 June 1991, the discharge authority directed the applicant be discharged and furnished a general (under honorable conditions) discharge certificate. On 5 June 1991, the applicant was discharged with a general discharge after completing a period of 2 years, 1 month and 24 days total 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 19 January 2011, a copy of the FBI report and a request for post-service 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 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. The discharge appears to be in compliance with the governing directives and we find no evidence to indicate that his separation from the Air Force was inappropriate. We find no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of the applicant's appeal, we do not believe he has suffered from an injustice. In addition, based on his overall record of service and no documentation related to his post-service activities and accomplishments, we are not persuaded that an upgrade of the characterization of his discharge on the basis of clemency is warranted. _________________________________________________________________ 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-2010-02169 in Executive Session on 21 April 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 14 Jun 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report, dated 17 Dec 10. Exhibit D. Letter, AFBCMR, dated 19 Jan 11, w/atchs.