RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02409 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: The discharge he received is not a reflection of his long service (almost 15 years). The character of service listed on his DD 214, Certificate of Release or Discharge from Active Duty, is unfair because he was tarnished by an incident towards the end of his career. He was given an option of staying in the Air Force, and possibly getting an honorable discharge later, but chose to leave because he felt he was being treated unfairly. In support of his request, the applicant provides copies of his DD Form 214, numerous letters of recommendation, and a Veterans Affairs Form Letter. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 21 Jun 78, the applicant enlisted in the Regular Air Force. On 25 Nov 92, his commander notified him he was recommending his separation from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airmen, for a pattern of misconduct consisting solely of minor disciplinary infractions. The specific reasons for this action were on 15 Sep 90, he operated a passenger vehicle while drunk, for which he received an Article 15 and on 2 Nov 92, he again operated a passenger vehicle while drunk and disobeyed a lawful order. He was reduced to the grade of staff sergeant and a Unfavorable Information File (UIF) was established. On 25 Nov 92, the applicant acknowledged receipt of the notification of discharge. On 19 Apr 93, the Staff Judge Advocate found the discharge legally sufficient. On 23 Apr 93, the applicant was discharged from the Air Force with a general (under honorable conditions) discharge in the grade airman basic (AB). He served 14 years, 10 months and 3 days of total active service. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report (Exhibit C). On 25 Jan 12, a copy of the FBI report and a request for post- service information was forwarded to the applicant for review and comment within 30 days (Exhibit D), 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. 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. 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 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 documentary evidence was considered in AFBCMR BC- 2011-02409: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 16 Jun 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report, dated 2 Aug 11. Exhibit D. Letter, AFBCMR, dated 26 Jan 12.