RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-04966

						COUNSEL:  NONE

						HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to 
honorable.


APPLICANT CONTENDS THAT:

He wants his discharge upgraded to receive health care from the 
Department of Veterans Affairs.  He is a model citizen and would 
like an opportunity to better himself.  He also would like to be 
recognized for his service.

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

On 24 Aug 92, the applicant commenced his enlistment in the 
Regular Air Force.

On 15 Aug 94, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for misconduct.  The 
reasons for the discharge action included one incident of 
reporting late for duty, sexually harassing a female co-worker, 
stealing from a fellow airman, violation of a regulation, failure 
to make timely payments on an Air Force Exchange Credit Card, and 
possessing an altered identification card, which he knew had been 
altered, for which he received one letter of counseling , one 
letter of reprimand, and two non-judicial punishment actions under 
Article 15 of the Uniform Code of Military Justice.

On 15 Aug 94, the applicant acknowledged receipt of the discharge 
notification action.

The legal office reviewed the case and found it legally sufficient 
and recommended discharge with a general discharge without 
probation and rehabilitation.

The discharge authority concurred with the findings and 
recommendations and directed the applicant be furnished a general 
discharge without probation and rehabilitation.

On 26 Aug 94, the applicant was furnished a general (under 
honorable conditions) discharge, and was credited with two years 
and three days of active service.   

On 14 Dec 14, a request for post-service information and a Federal 
Bureau of Investigation (FBI) background check was forwarded to 
the applicant (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 was 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-2014-04966 in Executive Session on 12 Aug 15, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining AFBCMR Docket Number BC-2014-04966 was considered:

	Exhibit A.  DD Form 149, dated 4 Dec 14.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 14 Dec 14, w/atch.
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