RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03869 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded. ________________________________________________________________ APPLICANT CONTENDS THAT: He was given the opportunity to leave the Air Force to save his marriage. Before making the decision to leave, he was assured his discharge would not be perceived as negative in the civilian world; however, he learned that was not true. In support of his appeal, the applicant submits his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Air Force on 5 September 1985. On 25 February 1987, he was notified of his commander’s intent to discharge him from the Air Force for minor disciplinary infractions. Specifically, he received an Article 15, three Letters of Reprimand and two verbal counseling’s. The applicant acknowledged his commanders intent, his right to be represented by counsel and to submit statements on his behalf. After consulting counsel, he waived his right to submit statements for the commander’s consideration. On 10 March 1987, the staff judge advocate found the discharge legally sufficient. On 11 March 1987, the commander directed the applicant be separated with a general (under honorable conditions) discharge. Pursuant to the Board’s request, the Federal Bureau of Investigation indicated that on the basis of the information provided, an arrest record was located. In response to a request for post-service information the applicant explains his reasoning for joining the Air Force and how the stress of being a young husband and father affected his performance in technical school. He explains how he has been married and divorced and how each of his marriages ended. Other than minor run ins with the law and his feeling bad about his Air Force mistakes, he has been a good productive citizen. He has been a born again Christian since 1987 and does his best to serve God and his country. The applicant’s complete response 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 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, or unduly harsh. In the interest of justice, we considered upgrading the discharge based on clemency; however, there was no evidence submitted to compel us to recommend granting the relief sought on that basis. Therefore, 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. ________________________________________________________________ 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-2013-03869 in Executive Session on 13 May 2014, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Aug 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBC, dated 9 Apr 14. Exhibit D. Letter, Applicant’s Response, undated. 1