RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02955 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: She was young, immature and lacked the maturity to follow the rules and requirements while in technical school. She is now mature, responsible and wishes to serve her country before she is disqualified due to age. She would like the opportunity to right the wrong. Her pattern of misconduct while inexcusable, was minor in nature and she wishes to make amends. The applicant’s complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 8 September 1987, the applicant enlisted in the Regular Air Force. On 6 May 1988, the applicant was notified by her commander that he was recommending she be discharged from the Air Force under the provisions of AFR 39-10, Administration Separation of Airmen, for a pattern of misconduct. The specific reasons for this action were she received three Article 15 actions for wrongfully permitting a member of the opposite sex to be in her dormitory room, failing to report for duty for an entire day, and operating a vehicle without proper registration, not having a valid driver’s license and no proof of insurance. The applicant acknowledged receipt of the notification of discharge, received advice from a military defense attorney, and waived her right to submit statements in her own behalf. On 6 May 1988, the discharge authority determined that a general discharge was appropriate in light of the applicant’s overall military record. On 13 May 1988, the applicant was discharged with a general discharge after completing a period of 8 month and 6 days total active service. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a copy of an Investigation Report (Exhibit C). On 9 December 2010, the FBI investigation and a request for post- service information were forwarded to the applicant for response 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 an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, 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 conclude, therefore, that the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient 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 AFBCMR Docket Number BC-2010-02955 in Executive Session on 1 June 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 22 Jul 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Response, dated 20 Sep 10.