RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00910 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He has lived an exemplary life since discharge. At the time of discharge, he was not given the chance to fix what was wrong. He was 18 years old at the time of enlistment and knew nothing of the real world. His parents did not use banks, rather a shoe box under the bed. He is offering this as an explanation, not as an excuse. He was obviously well aware of himself and his surroundings, but was not aware of what it took to be financially sound. He was counseled but never really helped. At no time was his ability to perform his duties ever called into question. It has been almost 25 years since his discharge. He has raised three children and has one serving in Iraq and a daughter who served state-side. He has never been arrested for a felony and has only had minor traffic infractions. He has been married to the same woman for 25 years and has raised a sound, fit family. In support of his request, the applicant provides personal statements and a certificate of appreciation. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Regular Air Force on 25 Jun 81 and served for a period of 4 years, 3 months, and 16 days. On 3 Sep 85, the applicant was notified of pending discharge action. Specifically, the commander cited irresponsibility in the management of personal finances as the basis. Records indicate the applicant received four Letters of Reprimand and two Letters of Counseling for numerous instances of insufficient funds, failure to meet weight management standards, failure to go, failing to progress in the weight management program, dereliction of duty, being disrespectful to a noncommissioned officer, driving without a valid driver’s license, and negligently losing his AF Form 1199, Air Force Restricted Area Badge, for a second time. Additionally, in April 1984, he was non-recommended for promotion to senior airman. On 30 Sep 85, the staff judge advocate found the case legally sufficient, and on 1 Oct 85, the discharge authority directed discharge. He was discharged on 10 Oct 85 with a general (under honorable conditions) discharge. Pursuant to the Board’s request, the Federal Bureau of Investigations (FBI) was unable to identify an arrest record (Exhibit C). On 13 Aug 09, a request for post-service information was forwarded to the applicant (Exhibit D). As of this date, this office has not received a response. _________________________________________________________________ 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. 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. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us 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. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD DETERMINES THAT: 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 Docket Number BC- 2009-00910 in Executive Session on 22 September 2009, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, undated w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Negative FBI Report. Exhibit D. Letter, AFBCMR, dated 13 Aug 09, w/atch. Panel Chair