RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00737 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He was immature, very impulsive and had little concern for the consequences of his actions while he served in the Air Force. He has changed his ways since his discharge and transformed his life. In support of his application, the applicant provides a letter of recommendation. The applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 27 Feb 86, for a period of four years. On 27 May 87, he was notified of his commander's intent to recommend him for a general discharge for Misconduct – Pattern of Minor Disciplinary Infractions. The commander stated the following reasons for the proposed discharge: a. Letter of Reprimand (LOR), on 23 Jun 86, for unacceptable conduct, when he told a racially oriented joke. b. Letter of Counseling, on 18 Oct 86, for unacceptable conduct when he used inappropriate language toward members in the barracks. c. Article 15, on 1 Oct 86, for stealing at the Scott Air Force Base Exchange. d. LOR, on 6 May 87, for illegally using a base taxi. He was advised of his rights in this matter. He consulted with counsel and elected to exercise his right to a hearing before an administrative discharge board and submitted statements in his own behalf. The discharge case was reviewed by the base legal office and found to be legally sufficient to support discharge and it was recommended he be discharged with a general (under honorable conditions) discharge. The discharge authority approved the separation and directed the applicant be discharged with a general (under honorable conditions) discharge. He was given a general discharge characterization, and an RE Code of 2B, “Separated with a General or UOTHC Discharge”, which bars immediate reenlistment. He served a total of 1 year, 3 months, and 22 days of active duty service. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 3 Apr 09, that, on the basis of data furnished, they are unable to locate an arrest record. On 9 Oct 09, a request for post-service information was forwarded to the applicant for response within 30 days (Exhibit D). ________________________________________________________________ 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 error or injustice. The Board finds no impropriety in the characterization of applicant's discharge. It appears that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or the applicant was not afforded all the rights to which entitled at the time of discharge. The applicant has not shown the characterization of the discharge was contrary to the provisions of the governing regulation, nor has it been shown the nature of the discharge was unduly harsh or disproportionate to the offenses committed. We considered upgrading the discharge based on clemency; however, because of the limited documentation concerning his activities since leaving the service, we are not inclined to recommend upgrading his discharge based on clemency at this time. Therefore, we find no basis upon which to recommend granting the relief sought. ________________________________________________________________ THE BOARD DETERMINES: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2009-00737 in Executive Session on 3 Dec 09, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Feb 09, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 9 Oct 09. Panel Chair