RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04569 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: The applicant provides no contentions with his appeal. The applicant does not provide any evidence in support of his appeal. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who entered active duty on 10 February 1987 and was promoted to the grade of airman first class (E-3) effective 10 July 1988. The applicant received four Letters of Reprimand (LOR) and two Article 15 punishments between 9 June 1987 and 25 May 1989 for missing a scheduled dental appointment; failure to maintain sufficient funds in his bank account; failure to maintain his personal grooming in violation of Air Force Regulation (AFR) 39- 10; performing an indecent act by looking through a dormitory bathroom window while a female was drying off after a shower; and assault of another Air Force member. On 9 June 1989, the applicant was notified that his commander was recommending him for a general discharge for misconduct (minor disciplinary infractions). The applicant acknowledged receipt of his commander’s intentions; and, after consulting counsel, submitted a statement in his own behalf. After considering the applicant’s submission, the commander recommended the applicant be discharged with a general (under honorable conditions) discharge under the provisions of AFR 39- 10, Paragraph 5-46, without probation or rehabilitation. On 26 June 1989, the Staff Judge Advocate found the case to be legally sufficient. On 29 June 1989, the discharge authority approved the recommended discharge. On 13 July 1989, the applicant was discharged from active duty with a general (under honorable conditions) discharge. He served two years, five months, and four days on active duty. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a copy of an Investigation Report (Exhibit C). On 2 March 2011, the applicant was given an opportunity to submit comments in response to the FBI Report and about his post service activities (Exhibit D). As of this date, this office has received no response. _________________________________________________________________ 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. Furthermore, we do not find clemency is appropriate in this case since the applicant has not provided any evidence concerning his post-service activities. Based on the foregoing, we find no basis 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-2010-04569 in Executive Session on 28 July 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2010-04569: Exhibit A. DD Forms 149, dated 17 Nov 10. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 2 Mar 11.