RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00997

			COUNSEL:  NONE

			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His General (Under Honorable Conditions) discharge be upgraded 
to Honorable. 


APPLICANT CONTENDS THAT:

He was informed during discharge proceedings he could request an 
upgrade of his discharge.

The failure to timely file the application should be waived in 
the interest of justice since at this time he finds it important 
his discharge be reflected as Honorable.    

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 7 Jul 
82.

On 7 Apr 83, the applicant received an Article 15, Nonjudicial 
Punishment, for violation of Article 111, operating a vehicle 
while drunk.  

On 31 Oct 83, the applicant was convicted in a civilian court of 
a second driving while intoxicated (DWI) charge.  

On 5 Jan 84, the applicant’s commander notified him of his 
intent to recommend administrative discharge pursuant of AFR 39-
10, Separation Upon Expiration of Term of Service, for 
Convenience of Government, Minority, Dependency and Hardship, 
Chapter 5, paragraph 5-47a based on a pattern of misconduct.  
The applicant waived both legal counsel and the right to submit 
statements and the Assistant Staff Judge Advocate found the case 
legally sufficient.  

On 18 Jan 84, the discharge authority approved the discharge.

On 23 Jan 84, the applicant was furnished a General (Under 
Honorable Conditions) discharge, and was credited with 1 year, 6 
months, and 17 days of active service.

On 28 Apr 14, a request for post-service information was 
forwarded to the applicant for review and comment within 30 
days.  As of this date, no response has been received by the 
applicant.


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.  In the interest of 
justice, we considered upgrading the discharge based on 
clemency; however, in the absence of any evidence related to the 
applicant’s post-service activities, there is no way for us to 
determine if the applicant’s accomplishments since leaving the 
service are sufficiently meritorious to overcome the misconduct 
for which he was discharged. Therefore, in the absence of 
evidence to the contrary, we find no basis 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-2014-00997 in Executive Session on 21 Nov 14 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 3 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Information Bulletin - Clemency.