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AF | BCMR | CY2010 | BC-2009-03888
Original file (BC-2009-03888.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-03888
            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:

He was young, immature and his attitude caused his trouble.  He has  matured
and returned to school and is raising his child.

In support of his request, the applicant  submits  two  character  reference
letters and a certificate of completion.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 12 Jun 81.  On 9 Jul  82,
his commander notified him that he was recommending his separation from  the
Air Force under the provisions of AFM 39-12, Separation  for  Unsuitability,
Misconduct, Personal Abuse of Drugs; Resignation or  Request  for  Discharge
for the Good of the Service; and Procedures for the Rehabilitation  Program,
Chapter 2, para 2-4c  for  “Apathy,  Defective  Attitude,  or  Inability  to
Expend Effort Constructively.”

His reasons were that between 20  Jan  82  and  25  Jun  82,  the  applicant
received nine (9) Letters of Counseling (LOCs) for being late for duty;  one
(1) LOC for being absent from his duty section for an  excessive  amount  of
time; one (1) Letter of Reprimand (LOR) for being late  for  duty;  one  (1)
Memo for Record for being late for duty; and he received Article  15  action
for failure to go to his appointed place of duty.  For this offense  he  was
reduced in grade (suspended) and ordered into correctional  custody  for  30
days.

The Assistant and Staff Judge Advocate found the  case  legally  sufficient.
On 18 Aug 82, the discharge authority approved  the  recommended  discharge.
On 25 Aug 82, he was discharged with a general (under honorable  conditions)
character of service and issued a general discharge certificate.  He  served
1 year, 2 months and 14 days 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
Dec 09, a copy of the FBI report and a request for post-service  information
was forwarded to the applicant for review and comment within 30 days, as  of
this date, no response has been received by this office (Exhibit D).

_________________________________________________________________

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  manual,  unduly  harsh,  or  disproportionate  to  the   offenses
committed.  In addition, in view of the contents of the  FBI  Identification
Record we are not persuaded that the  characterization  of  the  applicant’s
discharge warrants an upgrade on the basis of clemency.  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  BC-2009-03888  in
Executive Session on 26 Aug 10, under the provisions of AFI 36-2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Oct 09, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report.
    Exhibit D.  Letter, AFBCMR, dated 22 Dec 09.




                                   Panel Chair

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