RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05868 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: It has been 22 years since his discharge and he would like his character of service changed. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 10 Feb 88, the applicant commenced his enlistment in the Regular Air Force (RegAF). On 19 Jun 90, the applicant’s commander notified him he was recommending his discharge from the Air Force for minor disciplinary infractions. The reasons for the discharge action included the applicant being late for duty, not reporting for duty, delinquent payment of debts, and uttering checks with insufficient funds, for which he received verbal counseling, Unfavorable Information File entries, placement on a Control Roster, a Letter of Counseling (LOC), four Letters of Reprimand (LORs), and an Article 15. . After consulting with legal counsel, the applicant acknowledged receipt of the action and elected to submit a statement in his own behalf. On 23 Jul 90, the legal office reviewed the case and found it legally sufficient to support separation and recommended the applicant be furnished a general discharge without probation and rehabilitation. The discharge authority concurred with the findings and recommendation and directed the applicant’s discharge. On 26 Jul 90, the applicant was furnished a general (under honorable conditions) discharge and was credited with 2 years, 5 months, and 17 days of total active service. On 4 Sep 13, a request for post-service information was forwarded to the applicant for review and response within 30 days (Exhibit C). In response, the applicant indicates that after his discharge, he continued to work as a Firefighter/EMT and also volunteered with various local fire departments. He also obtained certification in Fire Technology from the local community college. The applicant’s complete response, with attachment, is at 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 an error or injustice. We took notice of the applicant's complete submission, to include his rebuttal response, 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. In the interest of justice, 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. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material 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-2012-05868 in Executive Session on 22 Oct 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Dec 12. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 4 Sep 13, w/atch. Exhibit D. Letter, Applicant, undated, w/atch. Panel Chair