RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03982 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. APPLICANT CONTENDS THAT: He was uneducated about the consequences of his bad financial decisions. He got into debt while trying to take care of his wife and family. His career in public service is at risk because of the type of discharge he received. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 9 Nov 89. On 6 Nov 91, the applicant’s commander recommended his discharge for Misconduct – pattern dishonorable failure to pay just debts, under the provisions of AFR 39-10, Administrative Separation of Airmen, para 5-47. The reasons for the action included financial irresponsibility and failure to pay debts, for which he received several letters of counseling, letters of reprimand and an Article 15 dated, 26 Aug 91. On 13 Nov 91, after consulting with legal counsel, the applicant acknowledged receipt of the action and waived his right to submit statements on his own behalf. On 16 Nov 91, the recommendation for discharge was found legally sufficient and, on 21 Nov 91, the discharge authority directed the applicant be discharged. On 2 Dec 91, the applicant was furnished a general (under honorable conditions) discharge, and was credited with 2 years and 24 days of active service. On 27 Feb 95, the applicant applied to the Air Force Discharge Review Board (AFDRB) to have his discharge upgraded to Honorable. On 6 Sep 96, the AFDRB denied his request, concluding that his discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and he was provided full administrative due process. On 30 Sep 14, a request for post-service information was forwarded to the applicant for review and 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 an 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 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, in the absence of any evidence related to the applicant’s post-service activities, there is no way for us to determine if the applicant’s accomplishments since leaving the service are sufficiently meritorious to overcome the misconduct for which he was discharged. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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-2014-03982 in Executive Session on 18 Jun 15, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Sep 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 30 Sep 14.