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AF | BCMR | CY2009 | BC-2008-02206
Original file (BC-2008-02206.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02206
            INDEX CODE:  110.02
            COUNSEL:  NONE
            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged without a Letter of Reprimand  (LOR),  Court  Martial,  or
Article 15.  He was not given a reason for  being  released.   His  complete
submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 11 September 1985, the applicant was notified by his  commander  that  he
was recommending that  he  be  discharged  from  the  Air  Force  under  the
provisions of AFR 39-10, paragraph 5-46.   The  specific  reasons  for  this
action were for making several derogatory comments about his  commander  and
first sergeant,  for  making  comments  in  his  duty  section  with  racial
overtones, for dereliction in the performance of  his  duties,  for  leaving
his duty section without permission,  for  misconduct  which  disrupted  the
mission of the duty section and had an adverse  effect  on  his  supervisors
and co-workers, for which he received a letter of reprimand  (LOR)  with  an
unfavorable  information   file   (UIF);   for   being   disrespectful   and
insubordinate towards his supervisor and co-workers,  for  failure  to  keep
two scheduled appointments, and for failure to report  for  dormitory  guard
duty which was a violation of Article 86 of the Uniformed Code  of  Military
Justice (UCMJ) for which he received an LOR.

The applicant was advised of his rights  in  this  matter  and  acknowledged
receipt of the notification on that same date.  Applicant consulted  counsel
and elected to waive his right to an administrative discharge board  hearing
and waived his right to submit matters on his own behalf.

After a legal review of the case file, the wing staff judge  advocate  found
the case legally sufficient.   On  30  September  1985,  the  applicant  was
discharged with a general discharge.  He served 11 months on active duty.

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  22
July 2008, a copy of the FBI report  was  forwarded  to  the  applicant  for
review and comment within    30 days.

On 22 July 2008, a request for information pertaining  to  his  post-service
activities was forwarded to the applicant for response within 30  days.   In
response to our request, applicant provided post-service information,  which
is attached at    Exhibit D.

Applicant reviewed  the  FBI  report  and  states  he  was  never  arrested;
however, he pled no contest to using offensive words in a public  place  and
paid a fine to get the incident behind him.

He requests clemency in order for his general discharge to  be  upgraded  to
honorable.   The  applicant  provided  two  personal  statements;  and   two
character references, which are attached at Exhibit E.

_________________________________________________________________

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 his 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.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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 AFBCMR Docket Number  BC-2008-
02206 in Executive Session on 16 September 2008,  under  the  provisions  of
AFI 36-2603:

      Mr. Joseph D. Yount, Panel Chair
      Mr. Grover L. Dunn, Member
      Mr. Richard K. Hartley, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 June 2008.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Investigative Report.
    Exhibit D.  Letter, AFBCMR, dated 22 July 2008, w/atch.
    Exhibit E.  Letter, Applicant, dated 28 July 2008, w/atchs.




                                   JOSEPH D. YOUNT
                                   Panel Chair

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