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AF | BCMR | CY2008 | BC-2007-03697
Original file (BC-2007-03697.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03697
      INDEX CODE:  110.00
      COUNSEL:  NONE

      HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be  upgraded  to
general or honorable.
________________________________________________________________

APPLICANT CONTENDS THAT:

He is an academy graduate.  He was charged with being Absent  Without  Leave
(AWOL), however, he was on orders.

No supporting documents.

The applicant’s complete submission is at Exhibit A.
________________________________________________________________

STATEMENT OF FACTS:

In Oct 86, charges of AWOL, failure to go to an  appointed  place  of  duty,
making a false official statement, and conduct unbecoming an officer  and  a
gentleman by making another false official  statement  were  preferred.   An
Article  32,  UCMJ,  investigation  was  conducted   and   resulted   in   a
recommendation for trial by general court-martial.

On 14 Jan 87, the applicant tendered his voluntary resignation for the  good
of the service under AFR 36-12, Chapter 2, Section D and table 2-8, rule  1.
 His eligibility was based on allegations of misconduct  that  rendered  him
triable by court-martial.  On 8 Apr 87, the applicant  was  discharged  with
an under other than honorable conditions discharge.  He was credited with  5
years 3 months and 21 days of active duty service.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an Investigative Report, which is at Exhibit  C.   On  18
Jan 08, 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.

________________________________________________________________

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 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 this application in  Executive
Session on 20 March 2008, under the provisions of AFI 36-2603:

                 Mr. James W. Russell III, Panel Chair
                 Ms. Renee M. Collier, Panel Member
                 Ms. Lea Gallogly, Panel Member

The following documentary evidence was considered in AFBCMR BC-2007-03697:

      Exhibit A.  DD Form 149, dated 30 Oct 07.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  FBI Report.
      Exhibit D.  Letters, AFBCMR, dated 18 Jan 08 w/atch.




            JAMES W. RUSSELL III
            Panel Chair

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