RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03797 COUNSEL: NO HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to Honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He served honorably for over three years and performed his duties well. He is an honest citizen who works hard, pays his taxes, and deserves an honorable discharge. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 2 Nov 78. On 23 Nov 81, the applicant’s commander notified him that he was recommending his discharge from the Air Force for financial irresponsibility. The reasons for the action included the applicant’s four dishonored check notifications; Letter of Indebtedness; three Records of Counseling for financial irresponsibility; and two nonjudicial punishment (NJP) actions under Article 15 of the Uniform Code of Military Justice (UCMJ), one for financial irresponsibility and the other for failure to go. On 23 Nov 81, he acknowledged receipt of the action and, on 3 Dec 81, after consulting with legal counsel, he submitted a statement in his own behalf. On 10 Dec 81, the case was found to be legally sufficient and on 18 Dec 81, the discharge authority directed the applicant be furnished a general discharge, without probation and rehabilitation. On 31 Dec 81, the applicant was furnished a general (under honorable conditions) discharge and was credited with 3 years, 1 month, and 29 days of total active service. On 19 Mar 13, a request for post-service information was forwarded to the applicant for comment within 30 days. As of this date, no response has been received by this office (Exhibit C). ________________________________________________________________ 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 process. Based on the available evidence of record, it appears the applicant’s General (Under Honorable Conditions) discharge for financial irresponsibility was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority. He has provided no evidence which would lead us to believe the characterization of his service was improper or contrary to the provisions of the governing directive. In the interest of justice, we considered upgrading the discharge on the basis of clemency; however, in the absence of any evidence related to his activities since leaving the service, we find no basis to recommend granting the relief sought on that basis. In view of the foregoing, and in the absence of evidence to the contrary, we conclude that no basis exists to upgrade the applicant’s General (Under Honorable Conditions) discharge. ________________________________________________________________ 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-2012-03797 in Executive Session on 2 May 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 Aug 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 19 Mar 13, w/atch. Panel Chair