RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00264
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to an honorable discharge.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
Prior to his civil conviction, he was informed that he could
request to resign from the Air National Guard (ANG) and he would
receive an honorable discharge.
In support of his request, the applicant provided a personal
statement and documents extracted from his military personnel
records.
Applicants complete submission, with attachments, is at Exhibit
A.
________________________________________________________________
_
STATEMENT OF FACTS:
The administrative discharge file is missing from the
applicant's military personnel records; therefore, the facts
surrounding his misconduct leading to his discharge cannot be
verified.
Available records indicate the applicant with 15 years and
28 days of active duty service was discharged from the ANG on
15 January 1988 under the provisions of ANGR 39-10, with a
general (under honorable conditions) discharge.
On 19 February 2009, the Board staff requested the applicant
provide documentation pertaining to his post-service activities,
within 30 days (Exhibit C). His response is at Exhibit G.
Pursuant to the Board's request, the Federal Bureau of
Investigation (FBI), Clarksburg, West Virginia, provided an
arrest record which is at Exhibit D.
On 3 March 2009, a copy of the FBI Report of Investigation was
forwarded to the applicant for review and response within
30 days (Exhibit E). The applicant provided a response which is
at Exhibit F.
________________________________________________________________
_
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, we find no evidence of an error or injustice
that occurred in the discharge processing. Based on the
available evidence of record, it appears the discharge was
consistent with the substantive requirements of the discharge
regulation and within the commander's discretionary authority.
The applicant has provided no evidence that would lead us to
believe the characterization of his service was contrary to the
provisions of the governing regulation, unduly harsh, or
disproportionate to his misconduct. We considered upgrading the
discharge based on clemency; however, we do not find the
evidence presented is sufficient to compel us 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 the evidence presented did not
demonstrate the existence of an 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 21 April 2009, under the provisions of
AFI 36-2603:
XXXXXXXXXXXXXXX, Panel Chair
XXXXXXXXXXXXXXX, Member
XXXXXXXXXXXXXXX, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2008-00264 was considered:
Exhibit A. DD Form 149, dated 28 July 2007, w/atchs.
Exhibit B. Applicant's Master Personnel Record.
Exhibit C. Letter, SAF/MRBC, dated 19 February 2009.
Exhibit D. FBI Report of Investigation.
Exhibit E. Letter, SAF/MRBC, dated 3 March 2009.
Exhibit F. Letter, Applicant, dated 10 March 2009.
Exhibit G. Letter, Applicant, dated 10 March 2009, w/atchs.
XXXXXXXXXXX
Panel Chair
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