RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04603 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable and his narrative reason for separation be changed. ________________________________________________________________ APPLICANT CONTENDS THAT: He was discharged under his free will and upon his request. His records since his discharge are good. He was young at the time he asked for the discharge and did not realize the bearing it would play on the direction of his life. He has tried to get employment and this has hampered his search. In support of his request, the applicant submits 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 Regular Air Force on 18 February 1987. On 20 December 1988, the applicant was notified of his commander’s intent to discharge him from the Air Force for a pattern of misconduct (conduct prejudicial to good order and discipline). Specifically, the applicant received an Article 15, a vacated punishment, three Letters of Reprimand and three Letters of Counseling. The applicant acknowledged his commander’s intent to discharge him, his right to counsel and to submit statements on his behalf. He consulted counsel, however, he declined to submit matters. On 10 January 1989, the staff judge advocate found the discharge legally sufficient. On 19 January 1989, the commander approved the applicant’s discharge. He was separated on 27 January 1989 with a general (under honorable conditions) discharge. His narrative reason for separation was listed as misconduct – pattern conduct prejudicial to good order and discipline. He was credited with 1 year, 11 months and 10 days of active duty service. Pursuant to the Board's request for information, the FBI indicated that, on the basis of the evidence provided, they were unable to locate an arrest record pertaining to the applicant. After receiving a request for post-service information, the applicant stated he is asking for a second chance at life and the opportunity to rectify the wrong choices he made in his young life. He met and fell in love with a young woman and she did not like the fact that he was in the military. He made a shameful mistake and he has had to live with for 20 years. He is now 44 years old and has earned an Associate’s Degree in Science. He graduated with honors and maintained a 3.6 grade point average. He is currently working towards his Bachelors of Science with the intent to teach once he graduates. His discharge has not only been a personal shame, but has also hindered him from finding employment. He asks that you find it in your hearts to make the change on his DD Form 214 to resolve this shame and allow him to possibly make a difference in someone’s life. The applicant’s complete response is at Exhibit C. ________________________________________________________________ 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 during the discharge process. 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, or unduly harsh. In the interest of justice, we considered upgrading the discharge based on clemency; however, in the absence of evidence from members of the community attesting to applicant’s successful post-service adjustment in the years since his separation, we are not inclined to extend clemency at this time. Therefore, in the absence of evidence to the contrary, 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 2011-04603 in Executive Session on 17 April 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 Nov 11, w/atchs. Exhibit B. Applicant Master Personnel Records. Exhibit C. Letter, Applicant’s Response, undated.