RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02988 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His general (under honorable conditions) discharge be upgraded to honorable. 2. His reenlistment (RE) code of 2B (Separated with a general or under other than honorable conditions (UOTHC) discharge) be changed to allow him to reenter military service. ________________________________________________________________ APPLICANT CONTENDS THAT: He was guilty at the time of discharge of being late for work (absent without leave (AWOL)). He believes the circumstances of his situation were extreme and he has since taken steps to become a better person and more responsible to those around him. He wants his discharge upgraded and RE code changed to redeem himself and clear his name. In support of his application, he provides a personal statement, character references and a MapQuest printout. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 20 Oct 92, the applicant contracted his enlistment in the Regular Air Force. He was progressively promoted to the grade of airman, having assumed the grade effective and with a date of rank of 12 Jun 95. He served as a still photo apprentice. On 31 Oct 95, the applicant’s commander notified him that he was recommending his discharge from the Air Force for misconduct (minor disciplinary infractions). The specific reasons for the discharge action were he received two Article 15s, one vacation of suspended punishment, two Letters of Reprimand and two Letters of Counseling. On 31 Oct 95, he acknowledged receipt of the notification of discharge. On 14 Nov 95, the legal office reviewed the case and recommended discharge with a general discharge without probation and rehabilitation. On 17 Nov 95, the discharge authority directed a general discharge without probation and rehabilitation. He was discharged on 28 Nov 95. He served three years, one month and nine days of active service. _________________________________________________________________ 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 and RE code 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. ______________________________________________________________ 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-2010-02988 in Executive Session on 16 Nov 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Jul 10, w/atchs. Exhibit B. Applicant's Master Personnel Records.