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AF | BCMR | CY2008 | BC-2007-02926
Original file (BC-2007-02926.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-02926
            INDEX CODE:  110.00

            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  general  (under  honorable  conditions)  discharge   be   upgraded   to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214, Certificate of  Release  or  Discharge  from  Active  Duty,
reflects General (Under Honorable Conditions),  as  stated  in  the  Uniform
Code of Military Justice (UCMJ), this should be elevated  to  honorable,  as
there has been enough elapsed time.

He has waited the required period of time for a discharge upgrade.

In support of his request, applicant provided a  copy  of  his      DD  Form
214.

The applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 16 Sep 86, for  a  period
of six years in the grade of airman basic.

On 8 Jan 88, his squadron commander notified him that  he  was  recommending
his discharge  from  the  Air  Force  for  a  pattern  of  misconduct.   The
commander also recommended that the applicant receive a  general  discharge.
The disciplinary infractions include:

      a. On 28 Dec 87, applicant  received  an  Article  15  for  destroying
government property.  Punishment consisted of reduction in grade  to  airman
basic, forfeiture of $50.00 pay per month for two months, and 20 days  extra
duty.

      b.  On 28 Nov 87, applicant received a Letter of Counseling (LOC)  for
leaving his assigned post without being properly relieved.

      c.  On 27 Nov 87, applicant  received  a  LOC  for  poor  performance,
attitude, and working relationships.

      d.  On 20 Aug 87, applicant received a  LOC  for  misappropriation  of
government property.

      e.  On 8 Jul and 19 Mar 87,  applicant  received  LOCs  for  financial
irresponsibility.

On 13  Jan  88,  applicant  acknowledged  receipt  of  the  notification  of
discharge and, after consulting with counsel, submitted  statements  in  his
own behalf.

The Staff Judge Advocate  reviewed  the  case  file  and  found  it  legally
sufficient to support discharge and recommended a general discharge  without
probation and  rehabilitation.   On  20  Jan  88,  the  discharge  authority
approved the separation and directed a general discharge  without  probation
and rehabilitation.

Applicant was discharged on 21 Jan 88, in the grade of airman  basic  (E-1),
under the provisions of AFR 39-10, for Misconduct-Pattern  of  discreditable
involvement with military or civilian authorities, and  received  a  general
discharge.  He served on active duty for one  year,  four  months,  and  six
days.

Pursuant to the Board’s  request  on  17  Sep  07,  the  Federal  Bureau  of
Investigation (FBI), provided a copy of an Investigative  Report,  which  is
attached at Exhibit C.  On 8 Nov 07, 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  20  Nov  07,  the  AFBCMR
received the  8 Nov  07  letter  marked  “Return  to  Sender,”  stating  the
applicant was paroled and left no return address.

_________________________________________________________________

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  which  would  lead  us  to  believe  the
characterization of the service  was  contrary  to  the  provisions  of  the
governing regulation, unduly harsh,  or  disproportionate  to  the  offenses
committed.   We  considered  upgrading  the  discharge  based  on  clemency;
however, we do not find the evidence presented is sufficient  to  compel  us
to recommend 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-
02926 in Executive Session on 20 December 2007, under the provisions of  AFI
36-2603:

      Ms. Kathleen F. Graham, Panel Chair
      Mr. Wallace F. Beard Jr., Member
      Ms. Karen A. Holloman, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
02926 was considered:

    Exhibit A.  DD Form 149, dated 4 Jul 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, AFBCMR, dated 8 Nov 07, w/atchs.




                                             KATHLEEN F. GRAHAM
                                             Panel Chair

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