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AF | BCMR | CY2009 | BC-2008-02398
Original file (BC-2008-02398.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02398
            INDEX CODE:  110.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

During the contested time period he was  very  young  and  he  believes  his
punishment was too harsh.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 18 March 1975  in  the  grade
of airman basic.  He was progressively  promoted  to  the  grade  of  senior
airman, having assumed that grade effective and with a date  of  rank  of  1
December 1977.  He served as a Medical Material Specialist.

On 17 November 1978, the applicant was notified  by  his  commander  of  his
intent to recommend his discharge from the Air Force  under  the  provisions
of AFM 39-12, chapter 2, section A, paragraph  2-4c.   The  specific  reason
for this action was the  applicant's  substantiated  defective  attitude  as
manifested by repeated incidents  of  misconduct  and  failure  to  properly
discharge the duties and responsibilities of an airman with  his  grade  and
experience.  He had not demonstrated responsibility by repeated  involvement
in documented  incidents  such  as  a  government  vehicle  accident,  check
returned for insufficient funds, sleeping during duty hours, disobeying  his
superior noncommissioned officer, failure to go, and drug involvement.

He was advised of his rights in this matter and acknowledged receipt of  the
notification  on  that  same  date.   After  consulting  with  counsel   the
applicant submitted a  conditional  waiver  requesting  that  he  receive  a
general discharge.  In a legal review of the  case  file,  the  staff  judge
advocate found the case legally sufficient and recommended discharge.  On  6
December 1978, the discharge authority concurred  with  the  recommendations
and  directed  discharge  with  a  general  discharge.   The  applicant  was
discharged on 7 December 1978.  He served 3 years, 8 months and 17  days  on
active duty.

Pursuant to the Board's request, the Federal Bureau of Investigation  (FBI),
Clarksburg, West Virginia, was unable to identify an arrest  record  on  the
basis of the information furnished - Exhibit C.

On  8  August  2008,  the  Board  staff  requested  the  applicant   provide
documentation pertaining to his  post-service  activities,  within  30  days
(Exhibit D).  The applicant's response with attachments 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 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 the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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-
02398 in Executive Session on 5 November 2008, under the provisions of AFI
36-2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Mr. Garry G. Sauner, Member
                 Mrs. Lea Gallogly, Member

The following documentary evidence was considered:

  Exhibit A. DD Form 149, dated 19 June 2008, w/atchs.
  Exhibit B. Applicant's Master Personnel Records.
  Exhibit C. FBI Negative Reply, dated 11 July 2008.
  Exhibit D. Letter, SAF/MRBC, dated 8 August 2008.
  Exhibit E. Letter, Applicant, not dated, w/atchs.





                       CHARLENE M. BRADLEY
                       Panel Chair


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