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AF | BCMR | CY2009 | BC-2008-03810
Original file (BC-2008-03810.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2008-03810
            INDEX CODE:  110.00
            COUNSEL: NONE
            HEARING DESIRED:  NO

______________________________________________________________

APPLICANT REQUESTS THAT:

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

______________________________________________________________

APPLICANT CONTENDS THAT:

He had a drinking problem and was young.  He regrets he left the Air  Force.
 He has been a citizen in good standing since his discharge.

In support of his appeal, applicant submitted a copy of  his  DD  Form  214,
Armed Forces of the United States Report of Transfer or  Discharge  and  two
personal statements.

Applicant's complete submission, with attachments, is at Exhibit A.

______________________________________________________________

STATEMENT OF FACTS:

On 4 Jan 61, the applicant contracted his initial enlistment in the  Regular
Air Force.  He was progressively promoted  to  the  grade  of  airman  third
class having assumed that grade effective and with a date of rank of 28  Mar
61.

On 27 Oct 61, his commander  notified  him  that  he  was  recommending  his
discharge from the Air Force for unsuitability.  The  specific  reasons  for
the discharge action were:

            a.    He was sentenced by  a  Summary  Court-Martial  for  being
absent without leave (AWOL) on 29 May 61.

            b.    He received an Article 15 for being apprehended  by  civil
authorities on 6 Aug 61 for being drunk.

            c.    On 6  Sep  61,  he  made  statements  to  members  of  his
squadron to the effect that he was contemplating  bringing  bodily  harm  to
himself.

            d.    On 20 Sep 61, he threatened to jump off  a  building.   He
was sent to  the  base  hospital  for  observation  and  treatment  and  was
transferred to Lackland AFB for further observation and treatment.

The commander advised him of his rights in this matter.

An  evaluation  officer  recommended  the  applicant   be   discharged   for
unsuitability with an honorable discharge.

The  discharge  authority  nonconcurred  with  the  recommendation  of   the
evaluation officer and directed a general discharge.

The applicant was discharged on 31 Oct 61.  He served 8 months and  21  days
on active duty.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
indicated on the basis of the data furnished they were unable to  locate  an
arrest record (Exhibit C).

______________________________________________________________

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.  However, should the applicant provide  documentation  pertaining
to his post-service accomplishments and activities, we would be  willing  to
review the materials for possible reconsideration of his  request  based  on
clemency.  Otherwise, in view of the foregoing, we find no compelling  basis
to recommend granting the relief sought in this application.

______________________________________________________________

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-
03810 in Executive Session on 11 Dec 08 under  the  provisions  of  AFI  36-
2603:

                       Mr. Gregory A. Parker, Panel Chair
                       Ms. Janet I. Hassan, Member
                       Mr. Anthony P. Reardon, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 14 Oct 08, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  FBI Negative Reply, dated 5 Nov 08.




                             GREGORY A. PARKER
                             Panel Chair

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