RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04452 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He has been an outstanding citizen since his discharge and volunteers in his community. Moreover, he has been employed with several companies that can attest to his character. In support of his request, the applicant provided copies of his Certificates of Merit. His complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 25 Aug 1989, the applicant enlisted in the Regular Air Force. On 31 Jul 1991, his commander notified him that he was recommending he be discharged under the provisions of AFR 39-10, Administrative Separation of Airmen, for minor disciplinary infractions. The specific reasons for his action are reflected in the Notification Memorandum at Exhibit B. On 12 Aug 1991, the Staff Judge Advocate found the discharge legally sufficient. On 16 Aug 1991, the applicant was discharged from the Air Force, with service characterized as general (under honorable conditions). He served 1 year, 11 months, and 2 days of total active service. On 13 May 2013, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C). On 29 May 2013, the applicant provided numerous post service documents for the Board’s consideration. His complete submission, with attachments is at Exhibit D. ________________________________________________________________ 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. In the interest of justice, we considered upgrading the discharge based on clemency. In the interest of justice, we considered upgrade of his discharge based on clemency; however, while the applicant states he has been an outstanding citizen since his discharge, volunteers in his community and has provided some post-service documents, we find the submitted documentation insufficient to warrant an upgrade on this basis. Should he provide statements from community leaders, supervisors, and acquaintances attesting to his good character and reputation and other evidence of successful post-service rehabilitation, we would be willing to reconsider his request. In view of the above, we find no basis to warrant favorable action on 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 this application in Executive Session on 20 Jun 2013, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence was considered in AFBCMR BC- 2012-04452: Exhibit A. DD Form 149, dated 19 Sep 2012, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 13 May 2013, w/atch. Exhibit D. Letter, Applicant, dated 29 May 2013, w/atchs.