RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04013 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He was young and immature and made a lot of foolish mistakes. He was told his discharge would automatically be upgraded to honorable after three months. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 23 Feb 82, the applicant commenced his enlistment in the Regular Air Force. On 4 Mar 86, the applicant’s commander notified him of his intent to recommend his discharge for Misconduct under the provisions of AFR 39-10, Administrative Separation of Airmen. The reasons for the action included two incidences of driving while intoxicated (DUI) in violation of Article III of the Uniformed Code of Military Justice (UCMJ). For this misconduct, he twice received non-judicial punishment under Article 15 of the UCMJ. On 18 Mar 86, the applicant acknowledged receipt of the action and elected to submit a statement in his own behalf. On 28 Mar 86, the legal office found the case legally sufficient and recommended the applicant be furnished a general discharge without probation and rehabilitation. On 31 Mar 86, the discharge authority directed the applicant be furnished a general discharge without probation and rehabilitation. On 1 Apr 86, the applicant was so discharged and was credited with four years, one month, and nine days total active service. On 1 May 14, a request for post-service information was forwarded to the applicant for response within 30 days (Exhibit C). As of this date, no response has been received by this office. ________________________________________________________________ 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 an 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. We considered upgrading the discharge based on clemency; however, in the absence of any evidence for us to consider in determining whether or not the applicant’s activities since leaving the service are sufficient to overcome the misconduct for which he was discharged, we are not inclined 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 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-2013-04013 in Executive Session on 1 Jul 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 19 Aug 13, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 1 May 14, w/atch. 1 2