RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03695 COUNSEL: NO HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He was coerced into accepting a discharge for the convenience of expediting the process of getting on with the rest of his life. He believes an upgrade of his discharge is warranted because his record clearly shows that he served his country with honor and wishes to be able to serve if called upon. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 9 September 1985. On 5 August 1987, the applicant’s commander notified him that he was recommending his discharge from the Air Force for Misconduct - Minor Disciplinary Infractions. The specific reasons for the action were as follows: a) On 23 January 1987, the applicant received a Letter of Counseling (LOC) for dereliction of duty. b) On 26 February 1987, the applicant received a LOC for disobeying a direct order. c) On 24 April 1987, the applicant received a LOC for failure to report to duty. d) On 4 June 1987, the applicant received a Letter of Reprimand for failure to maintain his dormitory room in accordance with Air Force standards. e) On 15 July 1987, a clinical interview and psychological testing revealed the applicant had some maladaptive personality traits. These traits were not severe enough to warrant a diagnosis of a Personality Disorder; however, a recommendation was made that he be considered for administrative separation. He stated that he disliked the military service, and would like to get out of the Air Force as soon as possible. f) On 16 July 1987, the applicant received non-judicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ) for failure to go. On 5 August 1987, the applicant acknowledged receipt of the action and, after consulting with legal counsel, waived his right to submit a statement in his own behalf. The case was found to be legally sufficient and, on 17 August 1987, the discharge authority directed the applicant be furnished a general discharge, without probation and rehabilitation. On 19 August 1987, the applicant was furnished a general (under honorable conditions) discharge and was credited with 1 year, 11 months, and 1 day of total active service. On 23 August 1988, the Air Force Discharge Review Board (AFDRB) considered the applicant’s request to upgrade his discharge to honorable and change his narrative reason for separation to “unhappy service member” and concluded that the discharge was consistent with the procedural and substantive requirements of the discharge regulation, was within the discretion of the discharge authority, and the applicant was provided full administrative due process. On 23 April 2013, a request for post-service information was forwarded to applicant for comment within 30 days. As of this date, no response has been received by this office (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 in the discharge process. Based on the available evidence of record, it appears the applicant’s general (under honorable conditions) discharge for Misconduct – Minor Disciplinary Infractions was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority. He has provided no evidence which would lead us to believe the characterization of his service was improper or contrary to the provisions of the governing directive. In the interest of justice, we considered upgrading the discharge based on clemency; however, in the absence of any evidence related to the applicant’s activities since leaving the service, we find no basis to recommend granting the relief sought on that basis. In view of the foregoing, and in the absence of evidence to the contrary, we conclude that no basis exists to upgrade the applicant’s general (under honorable conditions) discharge. ________________________________________________________________ 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-2012-03695 in Executive Session on 23 May 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 4 July 2012. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 23 April 2013, w/atch.