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AF | BCMR | CY2009 | BC-2008-03532
Original file (BC-2008-03532.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-03532
            INDEX CODE: 110.00
            COUNSEL:  NONE
            HEARING DESIRED:  NOT INDICATED


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

The applicant makes no contentions.

In support of his request, the applicant provided a copy of a   DD Form  293
(Application for the Review of  Discharge  from  the  Armed  Forces  of  the
United States).

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 10 March 1982 and served  for
a period of 2 years, 3 months and 27 days.

On 25 May 1984 and 5 June 1984, he was charged with being drunk  on  station
and received an Article 15 for each occurrence.

On 18 June 1984, his commander recommended him for  an  honorable  discharge
for minor disciplinary infractions.

On 29  June  1984,  the  Staff  Judge  Advocate  (SJA)  concurred  with  the
commander's recommendation for discharge; however, the SJA  did  not  concur
with discharging the  applicant  with  an  honorable  discharge  saying  the
misconduct  was  other  than  honorable.   The  SJA  recommended  a  general
discharge.

On 2 July 1984, the discharge authority directed his discharge with  service
characterization as general.




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

_________________________________________________________________

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 probable error or injustice.  After  careful  consideration  of
the applicant's request and the available evidence  of  record,  we  see  no
evidence of an error or injustice  that  would  warrant  corrective  action.
Therefore, we agree with the opinions and recommendations of the  Air  Force
offices of primary responsibility and adopt their  rationale  as  the  basis
for our conclusion that the applicant has not been the victim  of  an  error
or injustice.  The only other basis upon  which  to  upgrade  his  discharge
would be based on  clemency.   However,  applicant  has  failed  to  provide
documentation pertaining to his pertaining to  his  post-service  activities
we would be willing to reconsider  his  appeal.   In  the  absence  of  such
evidence, favorable action is not recommended.

_________________________________________________________________

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-
03532 in Executive Session on 18 November 2008, under the provisions of  AFI
36-2603:

      Mr. Gregory A. Parker, Panel Chair
      Mr. Jeffery R. Shelton, Member
      Ms. Karen A. Holloman, Member




The following documentary evidence pertaining to AFBCMR Docket  Number  BC-
2008-03532 was considered:

    Exhibit A.  DD Form 149, dated 24 September 2008, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.




                                   GREGORY A. PARKER
                                   Panel Chair

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