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AF | BCMR | CY2007 | BC 2007 03705
Original file (BC 2007 03705.txt) Auto-classification: Denied
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 applicant’s 
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 applicant’s 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 Board’s 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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