RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-05965
		COUNSEL: NONE
		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded 
to honorable. 

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APPLICANT CONTENDS THAT:

His discharge should be upgraded so he can use his benefits to 
attend college. 

In support of his request, the applicant provides a copy of DD 
Form 293, Application for the Review of Discharge from the Armed 
Forces of the United States. 

The applicant's complete submission, with attachment, is at 
Exhibit A.

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STATEMENT OF FACTS:

On 1 Mar 90, the applicant enlisted in the Regular Air Force. 

On 6 Jan 95, the applicant was notified of his commander’s 
intent to recommend he be discharged from the Air Force under 
the provisions of AFI 36-3208, Administrative Separation of 
Airmen, for Conduct Prejudicial to Good Order and Discipline.  
He acknowledged receipt of the notification of discharge.  

On 9 Jan 95, after consulting with counsel, the applicant waived 
his right to submit a statement on his own behalf.  For a full 
accounting of the offenses, see the commander’s notification 
letter at Exhibit B.  

On 12 Jan 95, the Staff Judge Advocate reviewed the case and 
found it legally sufficient and recommended the applicant 
receive a general (under honorable conditions) discharge without 
the offer of probation or rehabilitation.

On 17 Jan 95, the discharge authority approved the applicant’s 
discharge.  On 20 Jan 95, the applicant was discharged for 
“Misconduct” with service characterized as general (under 
honorable conditions).  He served 4 years, 10 months and 10 days 
of total active service.

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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 characterization of the 
applicant’s discharge based on clemency; however, after 
considering his overall record of service, the infractions which 
led to his administrative separation and lack of post-service 
documentation, we are not persuaded that an upgrade is 
warranted.  In view of the above and in the absence of evidence 
to the contrary, we find no basis upon which to recommend 
granting the relief sought.

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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.

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-05965 in Executive Session on 26 Sep 13, under 
the provisions of AFI 36-2603:

				Panel Chair
      Member
			Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 20 Dec 12, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.




								Panel Chair