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AF | BCMR | CY2011 | BC-2010-04150
Original file (BC-2010-04150.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-04150

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

2.  His Narrative Reason for Separation be changed.

3.  His Separation Code be changed.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged due to an upcoming Operational Readiness Inspection  (ORI)
in his unit.  He was not given an opportunity to rectify his behavior.

In support of his appeal,  the  applicant  provides  a  personal  statement,
character  references,  certificates  and  documents  extracted   from   his
military records.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 20 Jun 86, the applicant contracted his enlistment  in  the  Regular  Air
Force.  He served as an Apprentice Electric Power Production Specialist.

On  11  Apr  89,  the  applicant’s  commander  notified  him  that  he   was
recommending his discharge from the Air Force for failure in  alcohol  abuse
rehabilitation and minor disciplinary  infractions.   The  specific  reasons
for the discharge action were his receiving two Article 15s, two Letters  of
Counseling, and a failure from alcohol rehabilitation.

His commander advised him of his  rights  in  this  matter.   The  applicant
acknowledged receipt of the notification of discharge.  The applicant  after
consulting with legal counsel submitted a statement in his own behalf.   The
legal office reviewed the case and  recommended  discharge  with  a  general
discharge without probation and rehabilitation.

The discharge authority directed a general discharge without  probation  and
rehabilitation.  He was discharged on 26 May 89.   He  served  2  years,  11
months and 7 days of active service.

________________________________________________________________

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
to include the narrative reason for separation and separation  code.   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, narrative reason for separation and  the  separation  code  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.

4.    The applicant's case is adequately documented and  it  has  not  been
shown that a personal appearance with or without  counsel  will  materially
add to our understanding of the issues involved.   Therefore,  the  request
for a hearing is not favorably considered.

______________________________________________________________

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-
2010-04150 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 22 Oct 10, w/atchs.
      Exhibit B. Applicant's Master Personnel Records





                             Panel Chair

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