RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03507 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He served over two years in the Air Force and it has been over 24 years since his release. He has a clean record and desires to upgrade his discharge. The applicant provides no documentation in support of his claim. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 27 December 1984. The applicant was notified by his commander of his intent to recommend his discharge from the Air Force under the provisions of AFR 39-10. The specific reasons follow: a. The applicant received two Letters of Reprimand (LORs) on or about 2 December 1985 and 26 April 1986 for failure to obey a lawful order and he was derelict in the performance of his duties. b. The applicant received two Letters of Counseling (LOCs) on 4 April 1986 and 24 May 1986 for two traffic citations. c. On or about 31 May 1986, the applicant stole a beer keg. For this misconduct he received an Article 15. His punishment consisted of a suspended reduction, forfeiture of $170 for two months, and 30 days correctional custody. On or about 26 December 1986 to January 1987, the applicant wrongfully used marijuana. For this misconduct he received an Article 15. His punishment consisted of a reduction in grade to airman basic. He was advised of his rights in this matter and after consulting with counsel he elected to waive his right to submit a statement in his own behalf. In a legal review of the case file, the case was found legally sufficient and discharge was recommended. The discharge authority concurred with the recommendation and directed a general (under honorable conditions) discharge. The applicant was discharged on 28 April 1987. He served 2 years, 4 months and 2 days on active duty. Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, provided an arrest record which is at Exhibit C. On 21 October 2011, a copy of the FBI Report of Investigation and a request for information pertaining to his post-service activities was forwarded to the applicant for review and response within 30 days (Exhibit D). The applicant provided a response indicating since his discharge from the Air Force he attended Colorado Institute of Art in Denver and obtained an Associate’s Degree in Music and Video Business. He feels that he has paid the price for his actions. He comes from a good family and he actively volunteers in his community. He seeks clemency. The applicant’s response, with attachments, is at Exhibit E. _________________________________________________________________ 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. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and 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-2011-03507 in Executive Session on 5 April 2012, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-03507 was considered: Exhibit A. DD Form 149, dated 1 September 2011. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Federal Bureau of Investigation Report. Exhibit D. Letter, AFBCMR, dated 21 October 2011. Exhibit E. Letter, Applicant, dated 1 November 2011, w/atchs.