RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03705
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He had served for 3 years, 11 months, and 18 days prior to
discharge and was only 12 days from his Expiration Term of
Service (ETS).
He has a service connected disability which is something he will
have to live with for the rest of his life.
The applicant's complete submission is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 9 Jul 80 and
served for a period of 3 years, 11 months, and 18 days.
On 7 Dec 83, the applicant received a Letter of Counseling for
an unsatisfactory dormitory room.
On 22 Feb 84, the applicant received a Letter of Reprimand for
assaulting another airman.
On 30 May 84, the applicant received an Article 15, Record of
Nonjudicial Punishment, for filing a fraudulent travel claim.
On 15 Jun 84, the applicant was notified of pending discharge
actions. Specifically, the commander cited the applicants
commission of a serious offense by presenting for approval and
payment a false and fraudulent travel claim and other actions
surrounding the claim. The applicant consulted counsel and
waived his right to submit statements in his own behalf.
On 22 Jun 84, the applicants case was found legally sufficient
for discharge. The discharge authority directed a general
(under honorable conditions) discharge without probation and
rehabilitation. The applicant was discharged with a general
discharge on 26 Jun 84.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
386542DA1, which is at Exhibit C. On 19 Feb 08, a copy of the
FBI report was forwarded to applicant for review and comment
within 30 days. As of this date, no response has been received
by this office.
On 19 Feb 08, a request for post-service information was
forwarded to the applicant for response within 30 days (Exhibit
D). As of this date, no response has been received by this
office.
________________________________________________________________
_
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, the applicant did not submit any evidence or
identify any errors or injustices that occurred in the discharge
processing. The applicant provided no facts warranting a change
to his general discharge. Based on the documentation on file in
the master personnel records (MPR), it appears the discharge was
consistent with the substantive requirements of the discharge
regulation. Additionally, we considered upgrading the discharge
based on clemency; however, we find no compelling basis to
recommend granting the relief sought on that basis. Therefore,
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 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.
________________________________________________________________
_
The following members of the Board considered Docket Number BC-
2007-03705 in Executive Session on 1 Apr 08, under the
provisions of AFI 36-2603:
Mr. XXXXXXXXXXXXXX, Panel Chair
Mr. XXXXXXXXXXXXXX, Member
Ms. XXXXXXXXXXXXXX, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Nov 07, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. AFBCMR Letter, dated 19 Feb 08.
XXXXXXXXXXXXX
Panel Chair
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