RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04907 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He was told that his discharge would be automatically upgraded; however, he has not received a copy of the discharge upgrade. In support of his appeal, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 11 Mar 87 separation. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Prior to the events under review, the applicant reenlisted on, 6 Apr 84, for a period of six years. On 2 Mar 87, the squadron commander notified the applicant of administrative discharge action for minor disciplinary infractions. For a full list of the offenses, please see the commander’s notification letter at Exhibit B. After consulting with counsel and having been advised of his rights, the applicant submitted a conditional waiver of the rights associated with an administrative discharge board hearing if he received no less than a general discharge. The staff judge advocate found the case file legally sufficient and recommended the conditional waiver be accepted and the applicant receive a general discharge without probation and rehabilitation (P&R). On 4 Mar 87, the discharge authority approved the general discharge without P&R. On 11 Mar 87, the applicant was discharged by reason of misconduct – pattern of minor disciplinary infractions, with service characterized as general (under honorable conditions). He was credited with 2 year, 11 months, and 6 days of active duty service during this period, with seven years, three months, and 1 day of prior active duty service. Other relevant facts pertaining to this application, extracted from the applicant's military records, are at Exhibit B. Accordingly, there is no need to recite these facts in this Record of Proceedings. ________________________________________________________________ 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, unduly harsh, or disproportionate to the offenses committed. In the interest of justice we considered upgrading the applicant’s discharge on the basis of clemency; however, considering his overall record of service, the numerous infractions which led to his administrative separation and the lack of post-service documentation, we are not persuaded that an upgrade of the characterization of his discharge is warranted on the basis on this basis. Should the applicant provide additional information, e.g., post-service documentation to support his claim, we would be willing to reconsider his request. 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-2012-04907 in Executive Session on 6 Aug 13, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 17 Oct 12, w/atch. Exhibit B. Applicant's Master Personnel Records.