RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01838 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His general discharge be changed to an Honorable. APPLICANT CONTENDS THAT: He started going back to college and wishes to qualify for Department of Veteran’s Affairs (DVA) benefits since he was in the military for about seven months. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: On 4 Mar 98, the applicant entered the Regular Air Force. On 31 Jul 98, he received a Letter of Reprimand (LOR) for making a false statement regarding completing squadron aerobic activities. He acknowledged receipt the same day. On 3 Aug 98, he received a Letter of Counseling (LOC) for failing to show up for the squadron airborne physical fitness test. He acknowledged receipt the same day. On 4 Aug 98, he received an LOC for departing the gymnasium without fulfilling his aerobic commitment. He received a second LOC for speeding on base (40 miles per hour (mph) in a 30 mph zone). He acknowledged receipt of both LOCs that same day. On 14 Aug 98, he received an LOR for operating a motor vehicle in a reckless manner in the dormitory parking lot traveling 22 miles per hour over the speed limit, for which he received a second moving violation on base within a 4-day period. The applicant acknowledged receipt the same day. On 5 Oct 98, he received an Article 15 under the Uniform Code of Military Justice (UCMJ) for the following offenses: a) On or about 22 Sep 98, he failed to go to his appointed place of duty at the time prescribed, to wit: 3d Aerial Port Squadron Dormitory, Bldg 399; b) On or about 24 Sep 98, he failed to go to his appointed placed of duty at the time prescribed, to wit: Dental Clinic, Bldg 5242; c) On or about 24 Sep 98, he made an official statement with the intent to deceive, to wit: “My dental appointment for today has been cancelled and it has to be rescheduled. The Dental Clinic personnel advised me to call back on Tuesday to try to coordinate a new appointment,” or words to that effect, which was a false statement in that his dental appointment was not cancelled and was then known by him to be false; d) On or about 23 Sep 98, he made an official statement with the intent to deceive to his First Sergeant, to wit: “I was notified that I had Bay Orderly duty on Monday, 21 Sep 98,” “I did not know what time I was supposed to report for duty,” or words to that effect, which is a false statement in that he did know he had Bay Orderly duty and what time to report for duty. It was known to be a false statement. His commander punished him with reduction in grade to airman basic with new date of rank of 5 Oct 98, 15 days restriction to the Air Force Base, forfeiture of $463.00 per month for two months and 15 days of extra duty suspended until 4 Apr 99 after which time it will be remitted. He acknowledged receipt the same day stating he would not submit a written statement or appeal. His commander also state the information would be filed in an Unfavorable Information File (UIF.) The Judge Advocate found the action legally sufficient. On 16 Oct 98, he received an Article 15, UCMJ for failing to go to his appointed place of duty at the prescribed time. His commander punished him with restricting him to the Air Force Base and gave him 15 days of extra duty. The applicant acknowledged receipt the same day stating he would not submit a written statement or appeal. His commander also stated the information would be filed in a UIF. On 18 Oct 98, the Judge Advocate (JA) found the action legally sufficient. On 21 Oct 98, the applicant was notified by his squadron commander he was recommending his discharge for minor disciplinary infractions under the provisions of AFPD 36-32, Military Retirements and Separations, and AFI 36-3208, Administrative Separation of Airmen, paragraph 5.49. He acknowledged receipt the same day indicating he had consulted counsel and was submitting a statement for consideration. On 26 Oct 98, the applicant’s squadron commander recommended he be discharged under the provisions of AFPD 36-32 and AFI 36- 3208, paragraph 5.49. The Acting Staff Judge Advocate (SJA) concurred with the squadron commander’s recommendation. The separation authority approved the commander’s recommendation. The applicant acknowledged receipt indicating he waived his right to consult counsel and submit statements. On 28 Oct 98, the applicant received a general, under honorable conditions discharge. He was credited with 7 months and 25 days of active service. He had 5 months and 11 days prior inactive service. On 10 Jun 14, the clemency bulletin was forwarded to the applicant for review and comment 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 agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to overcome the misconduct that formed the basis of the discharge. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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 documentary evidence pertaining AFBCMR Docket Number BC-2014-01838 was considered: Exhibit A. DD Form 149, dated 22 Apr 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Clemency Bulletin, dated 10 Jun 14.