RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02796 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded. _________________________________________________________________ APPLICANT CONTENDS THAT: His discharge was inequitable because it was based on an isolated incident in 24 months of service with no other adverse actions. He never wanted to be discharged from the Air Force. In support of his request, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty; his transcript from the Community College of the Air Force, and a letter from the Department of Veterans Affairs (DVA). The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 23 April 1981, the applicant enlisted in the Regular Air Force. On 4 January 1983, the applicant was involuntarily discharged under the provision of AFR 39-10 (Misconduct - Pattern of Minor Disciplinary Infractions) with service characterized as general (under honorable conditions) in the grade of airman. He served 1 years, 8 month and 12 days of total active military service. There was no copy of the applicant’s discharge package in file. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a copy of an Investigation Report (Exhibit C). On 4 February 2011, a request for information pertaining to his post-service activities and a copy of the FBI report were 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 discharge appears to be in compliance with the governing directives and we find no evidence to indicate that his separation from the Air Force was inappropriate. We find no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of the applicant's appeal, we do not believe he has suffered from an injustice. In addition, based on his overall record of service and no documentation related to his post-service activities and accomplishments, we are not persuaded that an upgrade of the characterization of his discharge on the basis of clemency is warranted. ________________________________________________________________ THE BOARD DETERMINED 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 AFBCMR Docket Number BC-2010-02796 in Executive Session on 12 April 2011, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 30 Jul 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report, dated 28 Sep 10. Exhibit D. Letter, AFBCMR, dated 4 Feb 11. Panel Chair