RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-01053
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge was unfair. A car fire caused him to be ten minutes late to
class. He is seriously ill and in dire need of Veteran Affairs benefits.
In support of his application, he submits a copy of his DD Form 214, Report
of Separation from Active Duty.
The applicant’s complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 7 Jun 74. Between 29 Oct 74
and 10 Sep 76, he was issued a Letter of Reprimand and five (5) Article
15’s for extensive, yet minor in nature, offenses. On 28 Oct 76, his
commander recommended his discharge from military service for unfitness.
He waived his right to a hearing before a board of officers in lieu of
receipt of a general discharge. On 3 Dec 76, the discharge authority
approved the applicant’s discharge and a General Discharge Certificate was
issued. He was discharged on 9 Dec 76.
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 2
May 08, a copy of the FBI report and a request for post-service information
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 7 August 2008, under the provisions of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Ms. Judith B. Olvia, Member
Mr. John E. Petitt, Member
The following documentary evidence was considered for AFBCMR Docket Number
BC-2008-01053:
Exhibit A. DD Form 149, dated 19 Feb 08, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, SAF/MRBR, dated 2 May 08.
MICHAEL J. NOVEL
Panel Chair
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