RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03575 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: General (under honorable conditions) was a temporary character of service. His commander informed him it would be corrected. The applicant's complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 29 Nov 72, the applicant commenced his enlistment in the Regular Air Force. On 12 May 86, the applicant’s commander notified him that he was recommending his discharge for misconduct. The reasons for the action included theft of two automotive fuel pumps, making a false official statement, and operating a motor vehicle while drunk, for which he twice received non-judicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ). After consulting with legal counsel, the applicant acknowledged receipt of the action and waived his rights to an administrative discharge board, or to submit a statement in his own behalf. On 25 Jun 86, the applicant was furnished a general (under honorable conditions) discharge and credited with 13 years, 6 months, and 27 days of total active service. On 21 Oct 87, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request to have his general discharge upgraded to honorable and narrative reason for separation changed. On 19 Feb 13, a request for post-service information was forwarded to the applicant for review and response within 30 days (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 an 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 his service and narrative reason for separation was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. In the interest of justice, we also considered upgrading the discharge based on clemency; however, in the absence of any evidence related to his activities since leaving the service, we are not inclined to recommend granting the requested relief 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 material 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-2012-03575 in Executive Session on 11 Apr 13, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-03575 was considered: Exhibit A. DD Form 149, dated 10 Aug 12. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 19 Feb 13, w/atch.