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AF | BCMR | CY2008 | BC-2008-00509
Original file (BC-2008-00509.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-00509
            INDEX CODE:  110.02
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was unjustly discharged considering the time he served.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 13 May 1968 for a  period  of
four years and was progressively promoted to the grade of sergeant.

On 15  December  1971,  he  was  notified  by  his  commander  that  he  was
recommending he be discharged from the Air Force  under  the  provisions  of
AFM  39-12,  Separation  for  Unsuitability,  Misconduct,  Resignation,   or
Request for Discharge for the Good of the Service  and  Procedures  for  the
Rehabilitation Program. The specific reasons for this action  were  that  he
received two Article 15s for failure to go  and  for  being  absent  without
leave. He was eventually  diagnosed  as  having  an  inadequate  personality
disorder.  He was advised of his rights and he acknowledged receipt  of  the
notification. On 17 December 1971, a legal review  found  his  case  legally
sufficient and recommended a general discharge.  On  20  December  1971,  he
was discharged from the Air Force in the grade of airman  first  class.   He
served 3 years,    7 months and 5 days of active duty.

In response to the Board's request, the  Federal  Bureau  of  Investigations
(FBI)  provided  a  copy  of  an  investigative  report  pertaining  to  the
applicant. A copy of the FBI report was forwarded to the applicant  on  a  1
April 2008 for review and response within 30 days (See Exhibit  C).  He  has
not responded.

On 1 April 2008, a request for post-service  information  was  forwarded  to
the applicant for response within 30 days. He has not responded.

_________________________________________________________________

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.   After  careful  consideration  of  the
available evidence, we found no indication that the actions taken to  effect
his discharge  were  improper  or  based  on  factors  other  than  his  own
misconduct.  Likewise, the applicant has not shown that  the  discharge  was
improper or that the characterization of  his  discharge  was  inappropriate
under the circumstances.  Based on his overall record of  service,  and  his
apparent misconduct subsequent to service as indicated on  the  FBI  report,
we are not  persuaded  that  an  upgrade  of  the  characterization  of  his
discharge is warranted on the basis of clemency.  Therefore,  based  on  the
available evidence of record, we find  no  basis  upon  which  to  favorably
consider his request.

_________________________________________________________________

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-2008-00509
in Executive Session on 7 May 2008, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Lea Gallogly, Member
      Ms. Glenda H. Scheiner, Member





The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2008-00509:

    Exhibit A.  DD Form 149, dated 1 Feb 08.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report, dated 26 Feb 08.
    Exhibit D.  Letter, AFBCMR, dated 1 Apr 08.




      THOMAS S. MARKIEWICZ
                                Chair

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