RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03081 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He was only 20 years old, confused, and made a poor decision to leave the Air Force the way he did. His mother was diagnosed with lung cancer and he felt he needed to be with her before she died; she passed away on 9 Dec 89. He is 45 years old and is looking to make a change in his career. He is currently an English teacher; however, he would like to take advantage of the Veterans educational benefits. Since his mother’s death he has achieved many accomplishments. He looks back at his general discharge with a huge pang of regret, considering the pride he felt during the time he spent in the Air Force. It is because of the Air Force that he was able to achieve his life goals and professional ambitions. He implores the Board to change his character of service so that he can use these benefits. The applicant does not provide any supporting documentation. His complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 1 Aug 86. The applicant’s commander recommended him for discharge under the provisions of AFR 39-10, paragraph 5-46 for minor disciplinary infractions. The specific reasons for this action was for receiving traffic tickets, failing to go to appointments, being late for duty, and for rendering dishonored checks. For these actions the applicant received an Article 15, Letter of Reprimand and an establishment of an Unfavorable Information File, and Records of Counseling. After a legal review, the case was found to be legally sufficient. The applicant acknowledged receipt of the discharge charge action and waived his right to submit statements in his behalf. He received a general discharge on 24 Jan 89 after serving 2 years, 5 months, and 24 days on active duty. The applicant submitted an application to the Air Force Discharge Review Board (AFDRB) requesting his discharge be upgraded; however, the AFDRB denied his request on 26 Jun 90. On 28 Feb 14, a request for information pertaining to his post- service activities was forwarded to the applicant for response within 30 days. As of this date, a response has not been received. ________________________________________________________________ _ 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 his service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought 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 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 AFBCMR Docket Number BC-2013-03081 in Executive Session on 10 Apr 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 Jun 13. Exhibit B. DD Form 214 and Discharge Review Board package. Exhibit C. Letter, AFBCMR, dated 28 Feb 14, w/atch. 1 2