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AF | BCMR | CY2009 | BC-2008-02258
Original file (BC-2008-02258.DOC) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02258
            INDEX CODE:  110.02
            COUNSEL:  NONE
            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to an honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge should have been due  to  medical  reasons;  he  has  a  heart
murmur and was not given a chance  by  the  Air  Force.   He  has  lived  an
honorable life and would like this blemish removed.

In support of  his  request,  the  applicant  has  provided  two  cardiology
reports.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

His DD Form 214 reflects that he served 6 months and 23 days in the  Regular
Air Force in the grade Airman  Basic  (E-1).   On       12  April  1955,  he
received an undesirable discharge for having unclean habits  and  repeatedly
committing offenses.

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  28
August 2008, a copy of the FBI report was forwarded  to  the  applicant  for
review and comment within 30 days.

On 28 August 2008, a request for information pertaining to his  post-service
activities was forwarded to the applicant for response within 30 days.

On 3 September 2008, he responded with a personal statement stating that  he
would have been able to  make  a  better  living  if  he  had  an  honorable
discharge.  His complete submission is 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.

_________________________________________________________________

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-
02258 in Executive Session on 24 September 2008,  under  the  provisions  of
AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Kurt LaFrance, Member
      Ms. Debra Walker, Member

The following documentary  evidence  pertaining  to  AFBCMR  Docket
Number BC-2008-02258 was considered:

    Exhibit A.  DD Form 149, dated 11 June 2008, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, FBI Investigative Report
    Exhibit D.  Letter, AFBCMR, dated 28 August 2008, w/atchs.
    Exhibit E.  Letter, Applicant, dated 3 September 2008.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

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