RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-00920 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable. APPLICANT CONTENDS THAT: He left the Colorado Air National Guard (ANG) due to his father’s health but was told he was required to participate in a unit training assembly (UTA) although he had just performed temporary duty (TDY) in the same month. His supervisor threatened to demote him if he missed a UTA, but kept him on the manning docket for a year and half after his last UTA in 97. He needs his discharge upgraded to receive a veterans home loan. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: On 26 Apr 94, the applicant commenced his enlistment in the Air National Guard (ANG). On 31 Mar 99, he was furnished a general (under honorable conditions) discharge for unsatisfactory participation and was credited with 13 years, 7 months and 2 days of service for pay. Per AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, service members can be discharged for unsatisfactory performance when they have accumulated nine or more unexcused absences from UTA within a 12- month period. There were no documents provided or located in the applicant’s military personnel record pertaining to the circumstances of his discharge from the ANG. On 23 Mar 15, 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. While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely. 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 his service and narrative reason for separation was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. In the interest of justice, we also considered upgrading the discharge based on clemency; however, in the absence of any evidence related to his activities since leaving the service, we are not inclined to recommend granting the requested relief 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-2015-00920 in Executive Session on 4 Nov 15, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2015-00920 was considered: Exhibit A. DD Form 149, dated 15 Mar 15. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 23 Mar 15, w/atch. 3