RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04369 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He failed to go at the time prescribed to his appointed place of duty and he overslept and missed a scheduled flight. It was his first time missing a flight and/or being late for work. He is not making light of what he did; however, this was an isolated incident. Since his discharge in 1995, he has worked at the Bridgestone Americas Tire Operations Plant for 11 years, he coaches a softball team at work, several youth basketball, baseball and flag football teams and he is an active member in church. He has been married for 10 years with three children and one grandchild. Giving his life to the Lord has been the turning point in his life. He states he is a new man and desires his discharge upgraded. He loved and enjoyed serving his country. His goal was to respectfully retire from the Air Force. In support of the applicant’s appeal, he provides a personal statement, character reference letters, and documents extracted from his military personnel records. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: A discharge package was not available in the applicant’s military personnel records (MPR). The facts surrounding his separation cannot be verified. The available records reveal the following. The applicant enlisted in the Regular Air Force on 6 October 1988. On or about 11 June 1994, the applicant did without authority, fail to go at the time prescribed to his appointed place of duty. For this misconduct the applicant received nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ). His punishment consisted of a suspended reduction in grade from senior airman to airman first class and a forfeiture of $258.00 pay. On or about 11 August 1994 to 29 September 1994, he dishonorably failed to pay a debt. On 18 October 1994, the suspended reduction in grade to airman first class imposed by Article 15 was vacated. The applicant was discharged on 25 September 1995 with a general (under honorable conditions) discharge under the provisions of AFI 36-3208 (Misconduct). He served 6 years, 11 months and 20 days on active duty. Pursuant to the Board's request, the Federal Bureau of Investigation indicated that on the basis of the data furnished, they were 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, the Board majority finds 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. In the interest of justice, we considered upgrading the discharge based on clemency; however, considering that for service to be characterized as honorable it should be meritorious, the Board majority finds the evidence provided insufficient to recommend granting the relief on that basis. Therefore, in the absence of evidence to the contrary, the Board majority recommends denial of the relief sought. _________________________________________________________________ RECOMMENDATION OF THE BOARD: The majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04369 in Executive Session on 28 June 2012, under the provisions of AFI 36-2603: By a majority vote, the Board recommended denial of the application. XXX voted to grant the applicant’s request and provided a minority report. The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-04369 was considered: Exhibit A. DD Form 149, dated 1 November 2011, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Minority Report, dated 23 July 2012.