RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 				DOCKET NUMBER: BC-2014-02821

							COUNSEL:  NONE

							HEARING DESIRED: NOT INDICATED



APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to 
honorable.


APPLICANT CONTENDS THAT:

At the time of his discharge, he was focused on saving his 
troubled marriage.

Since his discharge, he has strived to improve his and his family 
life by being a responsible citizen free of arrests, warrants, 
misdemeanors and any other infractions.

He currently works as a Supervisory Transportation Security 
Officer for the Department of Homeland Security.  He also performs 
ministerial duties for St. Basil Roman Catholic Church.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

On 16 Dec 82, the applicant commenced his enlistment in the 
Regular Air Force.

On 2 Aug 90, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for misconduct.  The 
reasons for the discharge action included two incidents of 
reporting late for duty, failure to show for medical appointment, 
failure to show for duty, failure to report for WAPS testing and 
roll call, failure to show possession or authorized disposition of 
tax-exempt property, disobeying a lawful order, and wrongful 
possession of marijuana, for which he received six letters of 
reprimand, vacation of NCO status, and non-judicial punishment 
under Article 15 of the Uniform Code of Military Justice (UCMJ).

After consulting with legal counsel, the applicant submitted a 
conditional waiver of his right to an administrative discharge 
board contingent upon his receipt of at least a general (under 
honorable conditions) discharge.   

On 7 Dec 90, the legal office reviewed the case and found it 
legally sufficient and recommended the discharge authority accept 
the applicant’s conditional waiver, and that he be separated with 
a general discharge without probation and rehabilitation.

On 21 Dec 90, the discharge authority concurred with the findings 
and recommendations and directed the applicant be furnished a 
general discharge without probation and rehabilitation.  

On 25 Jan 91, he was furnished a general (under honorable 
conditions) discharge, with a narrative reason for separation of 
“misconduct-pattern conduct prejudicial to good order and 
discipline,” and was credited with eight years, one month, and 
nine days of total active service.

On 30 Jul 14, a request for post-service information and a Federal 
Bureaus of Investigation (FBI) background check was forwarded to 
the applicant (Exhibit C).  In response, the applicant provided a 
copy of his FBI report which revealed no arrest data (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 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 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 characterization of the applicant’s discharge based 
on clemency; however, we do not find the evidence presented 
sufficient for us to conclude that his post-service contributions 
to his community outweigh the misconduct for which he was 
discharged.  In view of the above and 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-2014-02821 in Executive Session on 19 May 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 11 Jul 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 30 Jul 14.
	Exhibit D.  FBI Investigative Report, dated 12 Jan 15.