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AF | BCMR | CY1998 | 9702565
Original file (9702565.pdf) Auto-classification: Approved
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

ogc 1 8  *I@ 

IN THE MATTER OF: 

DOCKET NUMBER:  97-02565 

COUNSEL:  NONE 

HEARING DESIRED:  NO 

APPLICANT REOUESTS THAT: 

His bad conduct discharge be upgraded. 

APPLICANT CONTENDS THAT: 

The reasons the applicant believes the records to be in error or 
unjust and the evidence submitted in support of the appeal are at 
Exhibit A. 

STATEMENT OF FACTS: 

The Air  Force Discharge Review Board  (AFDRB) denied applicant s 
request  on  11  December  1997.  In  accordance  with  policy,  the 
application  was  forwarded  to  this  Board  for  further 
consideration.  The relevant facts pertaining to this application 
are  contained  in  the  AFDRB  Hearing  Record  (Exhibit  C) . 
Accordingly,  there  is  no  need  to  recite  these  facts  in  this 
Record of Proceedings. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

A complete copy of the AFDRB Hearing Record was forwarded to the 
applicant on 29 January 1998, for review and response within 30 
days.  However, as of this date, no response has been received by 
this office. 

THE BOARD CONCLUDES THAT: 

The applicant has exhausted all remedies provided by existing 

1. 
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.  Sufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  error  or  injustice  to 
warrant  upgrading  the  applicant's discharge  to  general  (under 
honorable conditions).  In support of  the appeal, the applicant 
has provided  an  administrative decision from  the  Department of 
Veterans  Affairs  (DVA)  indicating  that  they  consider  the 
applicant's service to have  been under honorable conditions for 
DVA purposes.  The decision of the AFDRB is noted; however, after 
thoroughly  reviewing  the  evidence  of  record  and  noting  the 
applicant's contentions, we believe the punishment the applicant 
received as pertains  to  the bad  conduct discharge he  received, 
was  too  severe. 
While  this  Board  does  not  condone  the 
applicant's misconduct  which  led  to  his  discharge,  given  his 
young age at the time of the offenses and noting the minor nature 
of  the charges against him, we believe his  service can be  more 
justly  characterized  as  general  (under honorable  conditions). 
Therefore, we  recommend  his  records  be  corrected  as  indicated 
below. 

THE BOARD RECOMMENDS THAT: 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that on 13 July 1988, 
he  was  discharged with  service characterized as general  (under 
honorable conditions). 

The following members of the Board considered this application in 
Executive Session on 26 March  1998, under the provisions of AFI 
36-2603 : 

Ms. Martha Maust, Panel Chair 
Mr. William E. Edwards, Member 
Mr. Mike Novel, Member 
Mr. Phillip E. Horton, Examiner  (without vote) 

All  members voted  to  correct  the  records, as recommended. 
following documentary evidence was considered: 

The 

Exhibit A. 
Exhibit B. 
Exhibit C .  
Exhibit D. 

DD Form 149, dated 10 Aug 97, w/atchs. 
Applicant's Master Personnel Records. 
Letter, AFDRB Hearing Record, dated 23 Dec 97. 
Letter, SAF/MIBR, dated 29 Jan 98. 

Panel Chair 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, D. C. 

Office of the Assistant Secretary 

AFBCMR 97-02565 

MEMORANDUM FOR THE CHIEF OF STAFF 

Having received and considered the recommendation of the Air Force Board for 

Correction of Military Records and under the authority of Section 1552, Title 10, United States 
Code (70A Stat 116), it is directed that: 

tary records of the Department of the Air Force relating to- 
be corrected to show that on 13 July 1988, he was discharged with 
eneral (under honorable conditions). 

. 

I. 

z 

@@ 

Director 
Air Force Review Boards Agency 



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