RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2009-00378
		COUNSEL:  NONE
		HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

His reason for separation for misconduct was due to lying on the entrance exam; he did not state that he used drugs prior to entering the military.  He would like to join the Army National Guard; however, he needs his discharge upgraded to an honorable in order to become eligible to rejoin the military.

In support of his request, he provides a copy of a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States).

His complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 4 October 1988.  On 25 August 1989, the applicant was recommended for discharge for defective enlistment and misconduct.  Specific reasons for his discharge were for falsifying official documentation regarding his drug use and repeated misconduct (failure to report for duty and/or scheduled appointments).  On 28 August 1989, the acting staff judge advocate found his commander’s recommendation for discharge legally sufficient.  On 12 September 1989, the applicant received a general (UHC) discharge in the grade of airman (E-2) after serving for 11 months and 9 days. 





Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, West Virginia, was unable to identify an arrest record on the basis of information furnished.

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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.  The Board finds no impropriety in the characterization of applicant’s discharge.  It appears that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or that the applicant was not afforded all the rights to which entitled at the time of discharge.  The applicant has not shown the characterization of the discharge was contrary to the provisions of the governing regulation, nor has it been shown the nature of the discharge was unduly harsh or disproportionate to the offenses committed.  Considered alone, we conclude the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2009-00378 in Executive Session on 5 May 2009, under the provisions of AFI 36-2603:

    , Panel Chair
    , Member
    , Member





The following documentary evidence was considered for Docket Number 
BC-2009-0378:

    Exhibit A.  DD Form 149, dated 28 December 2008, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Negative FBI Response
    Exhibit D.  Letter, SAF/MRBR, dated 22 April 2009.



                                   Panel Chair






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