RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01036 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His general (under honorable conditions) discharge be upgraded to honorable. 2. His reenlistment eligibility (RE) code of 2B which denotes “Involuntarily discharged with a general discharge” be changed to allow him reentry into the military. _________________________________________________________________ APPLICANT CONTENDS THAT: It has been over 20 years since his discharge and he would like to apply for government jobs. He was a young man and disobedient. He is now a productive, taxpaying citizen, who loves his country. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Air Force on 13 May 87 and was progressively promoted to the grade of airman first class. On 9 Jan 89, the applicant received an Article 15 for being absent without leave (AWOL) from on or about (o/a) 26 Dec 88 to o/a 29 Dec 88. Punishment consisted of a suspended reduction to the grade of airman basic, 30 days correctional custody, and forfeiture of $100.00 pay per month for two months. On 13 Jan 89, the applicant was convicted by special court martial for breach of correctional custody on divers occasions o/a 6 Jan 89, conduct prejudicial to good order and discipline. Punishment consisted of six months confinement, forfeiture of $350.00 pay per month for six months, and reduction to the grade of airman basic. On 15 Feb 89, the applicant was notified by his commander that he was recommending his discharge from the Air Force for a pattern of misconduct, conduct prejudicial to good order and discipline. The applicant acknowledged receipt of the notification of discharge and after consulting with counsel, declined to submit statements in his own behalf. The base legal office reviewed the case and found it legally sufficient to support separation. The discharge authority approved the separation and directed the applicant be discharged with a general discharge without probation and rehabilitation. On 6 Jun 89, the applicant was discharged and received a general discharge. He served on active duty for a period of 1 year, 7 months and 20 days. On 27 Feb 97, the Air Force Discharge Review Board denied the applicant’s request for an upgrade of his discharge. Pursuant to the request of the Board on 8 Apr 11, the Federal Bureau of Investigation, Clarksburg, West Virginia, indicated on 14 Apr 11, that, on the basis of the data furnished, they were unable to locate an arrest record. On 1 Jun 11, the AFBCMR staff offered the applicant an opportunity to provide information pertaining to his activities since leaving the service (Exhibit C). 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 error or injustice. After careful consideration of the available evidence, the discharge appears to be in compliance with the governing regulations in effect at the time and we find no evidence to indicate the applicant’s 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. 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 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. We find no error or injustice with regards to the applicant’s assigned RE code and note that RE code 2B is the appropriate code for an involuntary separation with a general discharge. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ 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-2011-01036 in Executive Session on 21 Jul 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Mar 11, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBC, dated 1 Jun 11. Panel Chair