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AF | BCMR | CY2011 | BC-2010-03654
Original file (BC-2010-03654.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-03654

            COUNSEL:  NONE
            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

His pattern of misconduct and lost time was due to suspended license  plates
and food poisoning.

The evidence submitted in support of the appeal is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to the applicant’s discharge are contained  in
the Discharge Notification letter at Exhibit B.  Accordingly,  there  is  no
need to recite these facts in this Record of Proceedings.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an Investigative Report (Exhibit C).  On  29  Dec  10,  a
copy of the Investigative Report was provided to the  applicant  for  review
and comments, along with a request for post-service  documentation  (Exhibit
D). As of this date, no response has been received by this office.

_________________________________________________________________

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.   We  took  notice   of   the
applicant’s  complete  submission  in  judging  the  merits  of  this  case;
however, we find no evidence or an error or injustice that occurred  in  the
discharge process.  It appears  the  applicant’s  discharge  was  consistent
with the substantive requirements of the discharge regulation in  effect  at
the time, and within the commander’s discretionary authority.   No  evidence
has been presented to  indicate  otherwise.   We  considered  upgrading  the
discharge based on clemency; however, we do not find the evidence  presented
is  sufficient  for  us  to  recommend  granting  relief  upon  this  basis.
Therefore, in the absence of evidence to the contrary, we find no  basis  to
recommend favorable consideration of the 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-2010-
03654 in Executive Session on 16 Feb 11, under the  provisions  of  AFI  36-
2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 28 Sep 10.
      Exhibit B. Applicant's Master Personnel Records
      Exhibit C. FBI Investigative Report.
      Exhibit D. Letter, AFBCMR, dated 29 Dec 10, w/atchs.





                             Panel Chair

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