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AF | BCMR | CY2008 | BC-2008-01053
Original file (BC-2008-01053.doc) Auto-classification: Denied

                            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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