RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04576 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He was unaware that he could request his discharge be upgraded to honorable. His discharge was for minor infractions. He would like his discharge to be upgraded in order to have better employment opportunities. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, a copy of his Certificate of Training, and copies of AF Form 623a, On-the-Job Training Record Continuation Sheet. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 29 Sep 87. The applicant was notified by his commander that he was recommending him for discharge from the Air Force under the provisions of AFR 39-10, paragraph 5-46. The specific reasons for this action was for failing to go on several occasions to his appointed place of duty; for reporting for duty partially shaven, for speeding, and for writing checks when he did not have sufficient funds. The applicant received an Article 15 and was placed on the Control Roster, and received Letters of Reprimand (LOR) and Letters of Counseling (LOC). He was reduced in rank from airman first class to airman. The applicant received a general discharge on 21 Feb 90 after serving 2 years, 4 months and 23 days on active duty. 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 1 Jun 11, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office. On 1 Jun 11, a request for information pertaining to his post- service activities was forwarded to the applicant for response within 30 days. 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 probable error or injustice. After careful consideration of the available evidence, we found no indication the actions taken to effect his discharge were improper or contrary to the provisions of the governing regulations in effect at the time, or the actions taken against the applicant were based on factors other than his own misconduct. In addition, in view of the contents of the FBI Identification Record we are not persuaded that the characterization of the applicant’s discharge warrants an upgrade to honorable on the basis of clemency. Having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on his request. _________________________________________________________________ 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-2010-04576 in Executive Session on 7 Jul 11, under the provisions of AFI 36-2603: The following documentary evidence for Docket Number BC-2010- 04576 was considered: Exhibit A. DD Form 149, dated 30 Nov 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 1 Jun 11, w/atchs.