RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00130 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: It was explained to him that his discharge would upgrade to honorable after six months. In support of his appeal, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 30 Jun 89 separation. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 29 Sep 86 for a period of four years. The squadron commander notified the applicant of administrative discharge action for unsatisfactory performance. The underlying basis for this action was a series of disciplinary infractions committed by the applicant. Specifically, for the acts of misconduct, he received two Memos for Record (MFRs) for unsatisfactory ratings on two quality verification inspections; a Letter of Counseling (LOC) for failure in assigned duties; a Letter of Reprimand (LOR) for servicing an aircraft with liquid oxygen while another airman was performing maintenance on the same aircraft; Decertification on aircraft inspection, and an Article 15 for dereliction of duty and for signing an official document, which he knew was false. On 8 Jun 89, the applicant waived his right to counsel and to submit statements in his own behalf. The staff judge advocate found the case file legally sufficient and recommended the applicant receive a general discharge, without probation and rehabilitation (P&R). On 21 Jun 89, the discharge authority approved the general discharge, without P&R. The applicant was discharged, on 30 Jun 89, under the provisions of AFM 39-10, by reason of unsatisfactory performance, with service characterized as general (under honorable conditions). He was credited with two years, nine months, and three days of active duty service. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, indicated based on data furnished; they are unable to locate an arrest record. ________________________________________________________________ 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 during the discharge process. 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 also find insufficient evidence to warrant a recommendation that the discharge be upgraded on the basis of clemency. Should the applicant provide statements from community leaders and acquaintances attesting to his good character and reputation and other evidence of successful post-service rehabilitation, this Board may be inclined to reconsider his application based on the new evidence. We cannot, however, recommend approval based on the current evidence of record. 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 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-2011-00130 in Executive Session on 1 September 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 4 Jan 10, w/atch. Exhibit B. Applicant's Master Personnel Records. Panel Chair