RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01179 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to Honorable. APPLICANT CONTENDS THAT: He was not properly diagnosed with a mental illness that would have impacted the nature of discharge. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 3 Jul 79. On 30 Apr 82, the applicant was notified by his commander of his intent to recommend his discharge for Unsuitability under the provisions of AFM 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program. The reasons for the action included destruction of government property, assault, drunk and disorderly conduct, alcohol abuse, failure to obey lawful orders; all in violation of various articles of the Uniform Code of Military Justice (UCMJ); for which he received letters of counseling, letters of reprimand and non-judicial punishment (NJP) under the provisions of Article 15 of the UCMJ. On 11 May 82, the applicant declined to submit statements. The evaluation officer concurred with the commander’s recommended action. On 19 May 82, the case was found to be legally sufficient and the discharge authority approved the commander’s recommendation and directed the applicant’s administrative discharge. On 28 May 82, the applicant was furnished a General (Under Honorable Conditions) discharge, and was credited with 2 years, 10 months, and 26 days of active service. A request for post-service information was forwarded to the applicant on 28 Apr 14 for review and comment within 30 days. 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. 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-2014-01179 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 18 Mar 14. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Information Bulletin - Clemency.