RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00868 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He believes there was an error in his undesirable discharge. He did not have any disciplinary problems while serving on active duty. In support of his request, the applicant provides a copy of his DD Form 214, Report of Separation from the Armed Forces of the United States, and a copy of a letter from the Veterans’ Service Office. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit B. On 27 Apr 11, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office. On 27 Apr 11, a request for information pertaining to his post- service activities was forwarded to the applicant for response within 30 days. _________________________________________________________________ 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. After careful consideration of the available evidence, we found no indication the actions taken to effect his discharge were improper or contrary to the provisions of the governing regulations in effect at the time, or the actions taken against the applicant were based on factors other than his own misconduct. However, we would like to point out that if the applicant were to provide post-service information as requested in our letter, dated 27 Apr 11, we would be willing to reconsider his request. Nonetheless, having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on his request. _________________________________________________________________ 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 this application in Executive Session on 7 Jun 11, under the provisions of AFI 36- 2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 4 Mar 11, w/atchs. Exhibit B. FBI Report. Exhibit C. Letter, AFBCMR, dated 27 Apr 11. Panel Chair