RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01300 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: He desires his discharge upgraded. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 19 November 1985. On 17 July 1987, the applicant was notified by his commander of his intent to recommend that he be discharged from the Air Force under the provisions of AFR 39-10, paragraph 5-47b. The specific reasons are as follows: a. On or about 1 November 1986, the applicant was derelict in the performance of his duties in that he negligently failed to comply with an order revoking his base driving privileges. For this incident, he received nonjudicial punishment under Article 15. His punishment consisted of a reduction in grade, 7 days correctional custody, and a forfeiture of $100.00 pay. b. On or about 28 March 1987, the applicant failed to deregister his vehicle while under revocation. For this incident, he received nonjudicial punishment under Article 15. His punishment consisted of a forfeiture of $50.00 pay. c. On or about 19 February 1987, the applicant damaged government property (a wall). For this incident, he received a Letter of Reprimand (LOR). He was advised of his rights in this matter and acknowledged receipt of the notification on that same date. After consulting with counsel, the applicant elected to submit a statement in his own behalf. In a legal review of the case file, the staff judge advocate found the case legally sufficient and recommended discharge. On 28 July 1987, the discharge authority concurred with the recommendations and directed a general discharge. The applicant was discharged on 5 August 1987. He served 1 year, 11 months and 15 days on active duty. Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, provided an arrest record which is at Exhibit C. On 3 June 2010, a request for post-service information was forwarded to the applicant for response within 30 days (Exhibit D). As of this date, no response has been received by this office. On 4 June 2010, a copy of the FBI Report of Investigation was forwarded to the applicant for review and response within 30 days (Exhibit E). As of this date, this office has received no 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. 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 an 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-2010-01300 in Executive Session on 2 November 2010, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-01300 was considered: Exhibit A. DD Form 149, dated 27 March 2010, w/atchs. Exhibit B. Applicant's Master Personnel Record. Exhibit C. Federal Bureau of Investigation Report. Exhibit D. Letter, AFBCMR, dated 3 June 2010. Exhibit E. Letter, AFBCMR, dated 4 June 2010. Panel Chair